IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 1 OF NOVEMBER, 2023 MISC. CRIMINAL CASE No. 46485 of 2023 BETWEEN:-

1. DHARMENDRA SINGH S/O MAHENDRA SINGH, AGED ABOUT 24 YEARS, RESIDENT OF VILLAGE GHURAIYA BASAI, DISTRICT MORENA (MADHYA PRADESH)

2. SUDHEER SINGH GURJAR S/O RAMVEER SINGH, AGED ABOUT 21 YEARS, R/O VILLAGE TEJPURA, DISTRICT BHIND (MADHYA PRADESH)

3. PARIMAL SINGH GURJAR S/O DEVENDRA SINGH GURJAR, AGED ABOUT 28 YEARS, R/O NARAYAN VIHAR COLONY, GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH)

4. AJAY GURJAR S/O KALIYAN SINGH GURJAR, AGED ABOUT 27 YEARS, R/O JAIN KIRANA STORE, HANUMAN NAGAR, BAGIYA, GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH)

5. ANIL SINGH S/O RAMNATH SINGH, AGED ABOUT

21 YEARS, R/O KHILLI SUKAND, TEHSIL GORMI, DISTRICT BHIND (MADHYA PRADESH)

6. KRISHNA SINGH S/O MEHTAB SINGH, AGED ABOUT 25 YEARS, R/O C-2 PRAGATI VIHAR COLONY GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH)

7. SONERAM GURJAR S/O DEVENDRA SINGH GURJAR, AGED ABOUT 26 YEARS, R/O GOLE KA MANDIR, NARAYAN VIHAR COLONY, DISTRICT GWALIOR (MADHYA PRADESH)

.....PETITIONERS (SHRI BRAJESH KUMAR TYAGI- ADVOCATE FOR PETITIONERS)

AND Signature Not Verified Signed by: MAHENDRA

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION HAZIRA DISTRICT GWALIOR (MADHYA PRADESH)

2. SUNIL RAJPUT S/O RAJARAM RAJPUT, AGED ABOUT 30 YEARS, R/O PITAMBRA, COLONY, GADAIPURA, HAZIRA, DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (SHRI NITIN GOYAL- PANEL LAWYER FOR RESPONDENT NO.1- STATE AND SHRI SHYAM KISHORE SINGH JADAUN- ADVOCATE FOR RESPONDENT NO.2- COMPLAINANT)

This petition coming on for admission this day, the court passed the following:

ORDER

Petitioners have filed this petition under Section 482 of CrPC for quashment of impugned FIR in relation to offences punishable under Sections 147, 148, 307, 294, 506 of IPC in Crime No.152 of 2023 registered at Police Station Hazira, District Gwalior, on the basis of compromise between the parties.

As per the case of prosecution, on 24-03-2023 complainant Sunil Rajput (herein respondent No.2) reported to PS Hazira, District Gwalior that he is running a Coaching Centre, namely, PR Defence Academy at Pitambara Colony, Near Mata Mandir. On 23-03-2023 around 11:30 in the morning, Sudheer Singh Gurjar alias Golu Gurjar (herein petitioner No.2), resident of Morena, came to his Coaching Centre. Since he did not have fees card, therefore, complainant Sunil Rajput asked him to come in the evening shift but Sudheer alias Golu Gurjar left Coaching Centre saying that he would continue to come in the morning shift. Thereafter, Sudheer alias Golu Gurjar along with his seven companions came on motorcycle and a black-coloured Car and started abusing him. When complainant objected to it, Sudheer alias Golu Gurjar got Signature Not Verified Signed by: MAHENDRA down from the vehicle along with his companions. Vijay Gurjar, with intention to cause death fired from his pistol, but it was missed as complainant sat down. All accused persons fled away from the spot threatening the complainant with dire consequences. On such information, PS Hazira, District Gwalior registered FIR at Crime No.152 of 2023 for offence punishable under Sections 147, 148, 307, 294, 506 of IPC against Sudheer alias Golu Gurjar, Vijay Gurjar and one unknown person.

During pendency of this petition, IA No.19142 of 2023 and IA No.

19143 of 2023, applications under Sections 320(1) and 320(2) of Cr.P.C have been filed on behalf of petitioners and the respondent No.2- complainant for granting permission to compound the offences along with affidavit of petitioners and respondent No.2 stating therein that they have resolved the dispute amicably and they do not wish to pursue the matter anymore.

This Court, vide order dated 16-10-2023, had directed both the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar has sub