ORDER

This petition under section 482 of Cr.P.C. has been filed by petitioners seeking quashment of FIR pertaining to Crime No.14 of 2023 registered by PS Goraghat, District Datia for offences punishable under Sections 324, 323, 294, 506 r/w Section 34 of IPC and added Section 326 of IPC with all consequential proceedings thereto.

As per prosecution case, injured- complainant Sankar Singh Dangi reported to Sub-Inspector of Police, PS Goraghat, District Datia on 23-01-2023 alleging that on 23-01-2023 around 06:30 in the evening he was sitting in front of hut (mud-house) of Ramsahay Dangi. Satendra alias Sohail Ahirwar, Balveer alias Kalu Ahirwar and Jitendra Ahirwar (petitioners) came there and all three of them started abusing him in filthy language due to old enmity. When he refused to abuses, Balveer alias Kalu Ahirwar caught hold of him and Jitendra Ahirwar started beating him with kicks and fists. Satendra alias Sohail Ahirwar assaulted with iron rod on his head. He sustained injury. His son Abhishek and Vinay Dangi came to the spot and rescued him. All accused fled away from the spot after giving threat to kill him. His son Abishek and Vinay Dangi took him to District Hospital, Datia. He was referred to Gwalior. On such allegations, FIR at Crime No.14 of 2023 was registered by PS Goraghat for offences punishable under Sections 324, 323, 294, 506, 34 of IPC against Balveer Ahirwar, Satendra Ahirwar and Jitendra Ahirar (petitioners). As per medico-legal examination conducted at District Hospital Datia, injuries sustained by complainant Shankar Singh Dangi were opined to be simple in nature caused by hard and blunt object. Thereafter, as per his CT Scan conducted at Gwalior, communited fracture was seen in right parietal bone with fracture fragment causing compression over underlying parenchyma with SAH and hemorrhagic contusion with EDH. Therefore, prosecution under Section 326 of IPC as added. Statements of the witnesses were recovered. Relevant seizures were made. Investigation is underway. During pendency of this petition, along with the petition under Section 482 of CrPC both the parties have jointly filed IA No. 17338 of 2023 stating that dispute between the parties has been resolved and they have entered into compromise with no intention to pursue the matter further. Application is supported by affidavits of the petitioners- accused and complainant- injured Shankar Singh Dangi.

I n compliance of order dated 27-10-2023 passed by this Court, the factum of compromise has been verified by Principal Registrar of this Court, who has recorded statement of complainant respondent No.2 Shankar Singh Dangi as well as petitioners- accused and has submitted a report on 22-11-2023 that the parties have arrived at compromise voluntarily without any threat, inducement or coercion.

In cases of Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika & Another (2011) 10 SCC 705, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Hon'ble Supreme Court has laid down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the Court can be saved and utilized in other material cases.

So far as offence punishable under Section 326 of IPC is concerned, placing reliance on the decision of Supreme Court in Ramgopal and Another Vs. State of M.P. and Krishnappa and Ors Vs. State of Karnataka in Cr.Appeal Nos.1489 of 2012 and 1488 of 2012, learned Counsel for the petitioners submits that there was only one injury found on the head of injured, which was star shaped. The nature of injury does not correspond to injury by iron rod, rather it relates to defence of the accused that injury was caused by fall of stone piece from the roof of hut. Further, no other physical or external injury found on the body of complainant- Shankar Singh Dangi, belies the allegation that