IMPORTANT POINT
Offence under section 307/34 IPC cannot be wiped out by a compromise.
FUIR registered u/s 307/34 IPC could not be quashed.

ORDER :

Arun Mishra, J.

Leave granted.

The appeal has been preferred by the State of M.P. against the order dated 27.2.2013, passed by the High Court of Madhya Pradesh in M.Cr.C. No. 8802 of 2011 quashing the criminal proceedings against the respondent Rajveer Singh registered on the basis of complaint lodged by the respondent no.2, Hakim Singh Rawat vide Crime No. 332 of 2011 for committing offence under Section 307/34 IPC at Police Station Karera, District Shivpuri.

Hakim Singh Rawat, respondent no.2, the complainant lodged a complaint at Police Station, Karera on 3.4.2006 with respect to offence committed on 2.4.2006 in which it was alleged that while he was coming back from Ganna Kesar near Vabdeshu along with his companions, the respondent Rajveer Singh, Assistant Sub Inspector of Sunaki chowki intercepted his way, abused him and then police fired a gun shot on his leg due to which he suffered injury on the leg and fell down. The said ASI along with Constable started hitting the complainant by butt of firearm and also with kicks and punches. The complainant approached the TI of Police Station, Karera but the complaint was not recorded. Thereafter, he was taken to the District hospital, Shivpuri for proper care and treatment since the injury was grave and fatal as the same could not be cured at Karera. The victim faxed the complaint to the home department, Government of Madhya Pradesh and also approached the other authorities at Bhopal, but, FIR was not registered. Hence, filed a writ petition in the High Court of Madhya Pradesh which was decided vide order dated 1.8.2008. The Inspector General of Police was directed to hand over the inquiry of the case to an officer not below the rank of Additional Superintendent of Police. Finally, the case was registered on 2.7.2011.

The respondent, Rajveer Singh filed petition in year 2011 under Section 482 Cr.P.C. for quashing the criminal proceedings. During the pendency of the proceedings in 2013, he filed a compromise petition entered into between him and the complainant. The respondent no.1 had filed a petition before the High Court under Section 482 Cr.P.C. for quashing of the FIR and the proceedings in the said criminal case under Section 307/34. It was alleged by Rajveer Singh that offence no.120/06 dated 3.4.2006 was registered under Section 307/34 IPC against the other accused who were dacoits Umrao Singh and Hemraj Singh for launching attack on the petitioner and one Raghvendra Shukla was found helping the dacoits. The complainant, Hakim Singh Rawat was injured during the fire by the dacoits. FIR dated 3.4.2006 had been relied upon. Another offence no.20/06 dated 2.4.2006 was also registered under Section 34 against Umrao Singh and Hemraj Singh for commission of offence under Section 307/34 IPC for attack on police party. The complainant Hakim Singh was injured during the firing by the dacoits. During trial against the dacoits, respondent No.1 Rajveer Singh has been examined as a witness in the year 2008. Beside him, in the said trial, PW.2 Anup Singh has also stated that Hakim, Parmal and Jitendra were there who fled towards the river. Hemraj and other 2-3 dacoits were in the hideout and the dacoits started firing at the police party which hit the right leg of Hakim. Statement of PW.3, Vishal was also recorded in March 2008. He has also stated that dacoit Hemraj fired from his gun which hit the leg of Hakim. Similar is the statement of PW.4 and PW.5. In view of the aforesaid case against dacoits and the evidence, there was no justification to register the instant case against the respondent, Rajveer Singh. Prayer was made in the petition filed by Rajveer Singh to direct reopening of Session Trial No.83/07 in the court of the Special Judge, MPDPK Act, Shivpuri which was closed on the ground of absconding of the accused persons. It was further prayed that respondent nos. 5 to 7 i.e. Hakim Singh Rawat and others be made accused persons in the said case as they harboured dacoits. Fu