Dhan Singh vs The State of Rajasthan

Milap Chandra, J.—It is contended by learned Counsel for the accused-petitioner that in the FIR, it is not categorically mentioned that a fire-arm was used, the injury-report of the injured does not show any injury of a fire-arm and as such no offence u/s 307, I.P.C. is made out. He further submits that the learned Magistrate has taken cognizance u/s 307, I.P.C. under the impression that a fire-arm was used by the accused persons. He also submits that the learned Magistrate has not taken cognizance against the accused Chandra Singh, Pankaj, Quayum Qureshi and Paras Ram for any offence, there remains three accused-persons only, as such there arises no question of the commission of offences under Sections 147 & 148 I.P.C. after thorough investigation, the police filed challan against the accused persons under Sections 147, 148, 447 and 323, I.P.C. only and in rare case only a Court can take cognizance against other persons u/s 319, Cr.P.C. He placed reliance upon Mayur Panabhai Shah Vs. State of Gujarat, in support of his contention. He lastly submits that the parties have compromised all their disputes, compromise has also been filed in this Court on 11.01.93 and this court can grant permission u/s 320(6) Cr.P.C. for compounding the offence punishable under Sections 323 & 447, I.P.C.

Learned Counsel for the complainant Devi Lal and the learned Public Prosecutor admits that compromise has been arrived at in between the parties, it has also been filed in this Court by them on 11.01.93 and they have nothing more to submit.

Under the facts and circumstances of the case, the application moved u/s 320(6), Cr.P.C. deserves to be allowed.

It is clear from the injury report that the injured Devilal received only four simple injuries, none of them was of a fire-arm and as such the learned Magistrate was not justified to observe that the injury received by him could be fatal It is also not in dispute that cognizance has not been taken by him against the co-accused Chand Singh, Pankaj, Kayyum Qureshi and Paras Ram and all have been discharged. Under these facts and circumstances of the case, the learned Magistrate was not justified u/s 319, Cr.P.C. to lake cognizance of offence punishable under Sections 147, 148 & 307 I.P.C.

Accordingly, the parties are permitted to compond the offence punishable under Sections 447 and 323, I.P.C. No offence punishable under Sections 147, 148 and 307, I.P.C. is made out. The order of the learned Magistrate dated 14.10.1992 taking cognizance against the accused-petitioner Dhan Singh for the offences punishable under Sections 307, 147, 149, 323 and 449, I.P.C. is quashed.