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Heard Mr. Ashok Kumar Singh Bais, learned counsel for applicants, learned A.G.A. for State and Mr. M.D. Shah, learned counsel for informant/opposite party 2.

This application under Section 482 Cr.P.C. has been filed challenging charge sheet dated 28.05.2020 submitted in Case Crime No. 250 of 2020, under Sections 308, 323, 325 and 504 IPC, P.S. Gunnaur, District Sambhal, as well as entire proceedings of consequential Case No. 44A/2020 of 2020 (State Vs. Ram Pal and others) arising out of charge sheet dated 28.5.2020 submitted in above mentioned case crime number and now pending in Court of Additional Chief Judicial Magistrate, Sambhal at Chandausi on the basis of compromise.

Opinion- According to above radiologist report the injury no. 1 is grievous in nature and injury no. 2 simple in nature.

Injury report of Churaman Advised X ray left hand with finger little finger fracture in upper end of 5th metacarpal.

Advised X ray wrist joint AP. NAD Both X ray done at District Combined Hospital Sambhal with X ray plat no. x date: 1133 A.B/8/8/19 and Report made by Dr. Jagvir Singh Verma, Senior Radiologist, District Hospital Sambhal.

Opinion:- According to above radiologist report the injury no. 2 is grievous in nature and injury no. 3 simple in nature.

District Combined Hospital Sambhal X ray report No. and date 1133-A,B/8-8-19 Churaman son of Gopi 43 years resident of Madkawali Police Station Gunnaur, District Sambhal.

X ray left hand with finger.

Fracture in upper end of the metacarpal.

X ray right wrist joint NAD.

District Combined Hospital, Sambhal X ray skull head.

Fracture left parietal bone Apex Court in State of M.P. Vs. Laxmi Narayan and others, (2019) 5 SCC, 688 while dealing with an issue regarding compromise in respect of an offence punishable under Section 307 IPC has observed as under in paragraph 15.2 to 15.4. Same are reproduced herein under:-

Considering the facts and circumstances of the case, as noted herein above and also the submissions made by counsel for parties, this court is of the considered opinion that proceedings of above mentioned Criminal Case cannot be quashed inasmuch as injury No. 1 sustained by injured Smt. Neksi is grievous in nature, and injury No. 2 sustained by injured Churaman is also grievous in nature.

Accordingly, proceedings of Case No. 44A/2020 of 2020 (State Vs. Ram Pal and others) arising out of Case Crime No. 250 of 2020, under Sections 308, 323, 325 and 504 IPC, P.S. Gunnaur, District Sambhal, and now pending in Court of Additional Chief Judicial Magistrate, Sambhal at Chandausi, cannot be quashed.