JUDGMENT : -

A.K. SIKRI, J.

Leave granted.

2) As counsel for both the parties expressed their willingness to argue the matter finally at this stage, we heard the appeal finally.

3) This appeal is preferred by the State of Madhya Pradesh against the judgment and order dated 10.5.2013 passed by the High Court in the petition filed by the Respondent Nos. 1 and 2 herein. The said petition was filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the “Code”) for compounding/quashing of criminal proceedings arising out of Crime No. 171/13 under Section 307/34 of IPC registered at Police Station Kotwali, District Vidisha (M.P.) and consequent criminal proceedings bearing Criminal Case No. 582 of 2013 pending before the Chief Judicial Magistrate, Vidisha. The FIR was registered at the instance of Respondent No. 3 (hereinafter referred to as the complainant).

4) The complainant (respondent No.3), Deepak Ghenghat s/o Laxminarayan Ghenghat, had alleged that on 11.3.2013 at about 9.45 p.m., while he was going to Baraipura Chauraha for buying Gutkha for his mother, Deepak Nahariya and Mukesh Nahariya (respondent Nos.1 and 2) met him near Sweepar Mohalla, Gali No.