IMPORTANT POINTS
FIR/proceeding on allegations of offences which are non-compoundable u/s 320 CrPC and not between two private parties but against the society cannot be quashed u/s 482 CrPC.
It is not that in every case where complainant compromises with accused there will not be any conviction, particularly when dispute is not a commercial transaction and/or of a civil nature and/or is not a private wrong.

JUDGMENT

M.R. Shah, J.

Leave granted in both the special leave petitions.

2. As common question of law and facts arise in both these appeals, they are being disposed of by this common judgment and order.

Criminal Appeal @ SLP(Criminal) No. 9859 of 2013

3. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 8.4.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Miscellaneous Criminal Petition No. 2572/2013, by which the High Court has allowed the said application preferred by the respondents herein/original accused (hereinafter referred to as the 'Accused'), and in exercise of its powers under Section 482 of the Code of Criminal Procedure, has quashed the proceedings against the accused for the offences punishable under Sections 307, 294 and 34 of the IPC, the State of Madhya Pradesh has preferred the present appeal.

4. The facts leading to this appeal are, that an FIR was lodged against the accused at police station, Kotwali, District Datia for the offences punishable under Sections 307, 294 and 34 of the IPC, which was registered as Crime No. 552/2012. It was alleged that at about 8:00 p.m. in the night on 17.12.2012 when after distributing the milk, Cheeni @ Devasik Yadav came in front of his house situated at Rajghat Viram, at the same time, Dhruv Gurjar (accused) being armed with 12 bore gun, Sonu Khamaria, Rohit Gurjar, Avdhesh Tiwari and 3 to 4 other persons came there and asked him to take out his nephew, and they will kill him as on account of enmity of scuffle took place between his nephew Anand and the accused persons. When complainant told them that my nephew is not here at the same time all of them started to abuse the complainant with filthy language and when he asked them not to do so, at the same time, Sonu Khamaria, Rohit Gurjar, Avdhesh Tiwari and 3-4 other persons spoken that "kill this bastard", at the same time, Dhruv Gurjar made a fire with intention to kill him, whose pellets struck on three places of his body, i.e., on his forehead, left shoulder and left ear, due to which, he sustained injuries and blood started oozing from it. According to the complainant, Rampratap Yadav and Indrapal Singh were present on the spot, who had witnessed the incident. On hearing the noise of fire, when other people of vicinity reached there, then, all of these persons fled away from the spot of the incident.

4.1 On the basis of a report, a Dehati Nalishi bearing No. 0/12 was registered under Sections 307, 294 and 34 of the IPC. As the complainant sustained injuries, his MLC was performed. On the basis of the contents of the said report, a Crime bearing No. 552/2012 was registered under Sections 307, 294 and 34 of the IPC and the criminal investigation was triggered. Thereafter, the investigation team reached the spot and prepared the spot map and articles were seized.

4.2 That on 18.12.2012, the statements of the witnesses were recorded under Section 161 of the Cr.P.C. That on 21.03.2013, the police arrested the accused.

4.3 The accused filed Miscellaneous Criminal Petition No. 2572 of 2013 under Section 482 of Cr.P.C. before the High Court of Madhya Pradesh, Bench at Gwalior for quashing the criminal proceedings against the accused arising out of the FIR, on the basis of a compromise arrived at between the accused and the complainant.

5. That, by the impugned judgment and order, the High Court, in exercise of its powers under Section 482 of Cr.P.C., has quashed the criminal proceedings against the accused on the ground that the accused and the complainant have settled the disputes amicably. While quashing the criminal proceedings against the accused, the High Court has considered and relied upon the decision of this Court in the case of Shiji @ Pappu and others vs. Radhika and another, (2011) 10 SCC 705.

6. Feeling aggrieved and dissatisfied by the impugned judgment and order, quashing the criminal proceedings against the accused for the offences punishable under Sections 307, 294 and 34 o