MUKESH KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed seeking quashment of the Criminal proceedings in Criminal Case No. 12/2018 State of Rajasthan Vs. Mukesh Kumar and Anr. pending in the Court of Additional Sessions Judge No. 9, Jaipur Metropolitan, Jaipur arising out of F.I.R. No. 352/2018, Police Station Bajaj Nagar, Jaipur on the strength of compromise between the parties.

(2.) It is contended by learned Counsel for the petitioners that the parties are neighbours and have settled their dispute amicably which is reflected from the compromise deed dated 6.11.2019 placed on record as Annexure-7. It is submitted that although, the learned Trial Court has framed charge against the petitioners under Section 307 I.P.C. also besides the charges under Sections 323, 341, 325 and 354 I.P.C.; but, from the material on record the charge under Section 307 I.P.C., on the face of it, is not sustainable. It was canvassed that the injured Manju Sharma has received one lacerated wound measuring 2X1 c.m. muscle deep on medial side of first finger of left hand that too with blunt weapon, which was found to be grievous in nature leading to framing of charge under Section 307 I.P.C.; but, this injury is with blunt weapon and looking to the nature of injury, its size and the part of the body on which it is alleged to have been inflicted and in absence of any medical opinion as to the injury being dangerous to life, this Court can safely presume that the charge under Section 307 I.P.C. cannot be said to be made out. It is further contended by Mr. Swadeep Singh Hora that there is cross F.I.R. also bearing No. 351/2018 registered with Police Station Bajaj Nagar, Jaipur under Sections 384, 506, 323, and 341 I.P.C. and Sections 3 and 3(1)(x) of SC/ST Act. Relying upon the judgment of the Honble Apex Court in State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688, it is canvassed by the learned Counsel for the petitioners that since the injury suffered by Manju Sharma does not fall within the ambit of Section 307 I.P.C., this Court is empowered to quash the proceedings. Learned Public Prosecutor has opposed the prayer.

(3.) Heard learned Counsels for the parties.