Respondent No.1, thereafter, inflicted blows above the ear on the back side of the head and on the left arm.
By that time, brother of the companyplainant Suraj and one Preeti reached the spot and rescued the companyplainant.
The said petition was filed under Section 482 of the Code of Criminal Procedure hereinafter referred to as the Code for companypounding quashing of criminal proceedings arising out of Crime No.
582 of 2013 pending before the Chief Judicial Magistrate, Vidisha.
The learned companynsel for the accused on the other hand submitted that since the parties had settled the matter, the High Court had rightly accepted the companypromise between the parties.
On the same date, the companyplainant lodged F.I.R. No.
171 of 2013 at Police Station Kotwali, Vidisha M.P. for the offence punishable under Sections 307 of I.P.C. read with Section 34 of I.P.C. which triggered the criminal investigation and companyplainant Deepak Ghenghat was sent for medical examination.
The companyplainant respondent No.3 , Deepak Ghenghat s o Laxminarayan Ghenghat, had alleged that on 11.3.2013 at about 9.45 p.m., while he was going to Baraipura Chauraha for buying Gutkha for his mother, Deepak Nahariya and Mukesh Nahariya respondent Nos.1 and 2 met him near Sweepar Mohalla, Gali No.
When the companyplainant informed that he would lodge a report with the Police, respondent No.2 caught hold of him and threatened that if he lodges the report, then he would number let the companyplainant reside in the Mohalla.
On 14.4.2013, articles which were seized were sent for forensic examination.
The FIR was registered at the instance of Respondent No.
Thereafter, on 12.3.2013 police reached on the spot and prepared the spot map, recorded the statement of the witnesses under Section 161, arrested the accused persons and seized certain articles.
PC and quashed the proceedings as the offence in question was number compoundable under Section 320 of the Code.
171/13 under Section 307/34 of IPC registered at Police Station Kotwali, District Vidisha M.P. and companysequent criminal proceedings bearing Criminal Case No.
1 and 2 herein.
On being asked by respondent No.1, in an abusive language, as to where he was proceeded to, the companyplainant protested against the use of such foul language.
3 hereinafter referred to as the companyplainant .
At this, respondent No.1 took out the sword which he was carrying and with an intention to kill the companyplainant, he inflicted a blow on his forehead by shouting you have lodged the report against my elder brother, today I will kill you.
K. SIKRI, J. Leave granted.
As companynsel for both the parties expressed their willingness to argue the matter finally at this stage, we heard the appeal finally.
The respondent filed Misc.
This appeal is preferred by the State of Madhya Pradesh against the judgment and order dated 10.5.2013 passed by the High Court in the petition filed by the Respondent Nos.
3527 of 2013 before the High Court of Madhya Pradesh, Bench at Gwalior under Section 482 of Cr.
After due and proper investigation charge sheet was filed on 6.4.2013 for the offences punishable under Sections 307 of IPC read with Section 34 of IPC.
The learned companynsel also referred to the injuries suffered by the companyplainant which are described in the report as a result of the medical examination carried out on the person of the companyplainant immediately after the incident.
