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Showing contexts for: 294 in The State Of Madhya Pradesh vs Dhruv Gurjar on 22 February, 2019Matching Fragments
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.9859/2013
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 34 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.
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 of the IPC, the State of Madhya Pradesh has preferred the present appeal.
(8) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.
(9) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (10) There is yet an exception to the principle set out in Propositions (8) and (9) above. Economic offences involving the financial and economic wellbeing of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.” 16.5 In the case of Manish (supra), this Court has specifically observed and held that, when it comes to the question of compounding an offence under Sections 307, 294 and 34 IPC (as in the appeal @ SLP(Crl.) No. 9859/2013) along with Sections 25 and 27 of the Arms Act (as in the appeal @ SLP(Crl.) No. 9860/2013), by no stretch of imagination, can it be held to be an offence as between the private parties simpliciter. It is observed that such offences will have a serious impact on the society at large. It is further observed that where the accused are facing trial under Sections 307, 294 read with Section 34 IPC as well as Sections 25 and 27 of the Arms Act, as the offences are definitely against the society, accused will have to necessarily face trial and come out unscathed by demonstrating their innocence.