Madhya Pradesh High Court
Sonali Singh vs The State Of Madhya Pradesh on 9 May, 2022
Author: Atul Sreedharan
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ATUL SREEDHARAN
ON THE 9th OF MAY, 2022
MISC. CRIMINAL CASE No. 9895 of 2022
Between:-
1. SONALI SINGH W/O AMITABH PRATAP SINGH ,
AGED ABOUT 44 YEARS, OCCUPATION:
SERIVCE, R/O 78 LIG, TRIVENI COMPLEX
ROSHANPURA, P.S. T.T. NAGAR, BHOPAL
(MADHYA PRADESH)
2. NEELESH DANTRE S/O LATE SHEKHAR
DANTRE , AGED ABOUT 39 YEARS,
OCCUPATION: SERVICE R/O H.NO. 01
AWADHPURI COLONY KOTWALI SIHORE M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANIL KHARE, LEARNED SR. COUNSEL ALONG WITH
SHRI PRIYANK AGRAWAL, LEARNED COUNSEL)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S. RATIBAD BHOPAL (MADHYA PRADESH)
2. AMITABH PRATAP SINGH S/O LATE SHRI D.P.
SINGH , AGED ABOUT 49 YEARS, OCCUPATION:
NIL R/O A-1 POOJA COLONY NEELBADH
RATIBAD BHOPAL M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH BHATNAGAR, LEARNED PANEL LAWYER AND
SHRI ASHISH BARGALE, LEARNED COUNSEL FOR THE
RESPONDENT NO.2)
This petition coming on for final disposal, this day, the court passed the
following:
ORDER
Signature Not Verified
SAN
The present petition has been filed by the petitioners who are the wife and
Digitally signed by VIKRAM SINGH
brother-in-law of respondent No.2. On account of certain matrimonial stress,
Date: 2022.05.11 16:09:12 IST
cases have been filed by both the sides and there has been a resolution of
dispute pursuant to mediation between the parties, which was held on 5.5.2022.
The mediation has ended successfully and the parties are amenable to a closure
of the cases.
Having gone through the report, the mediation proceedings have
concluded successfully with both the parties wanting to closure all the cases
filed by them against each other, however, in S.T. No. 196/21, the Court took
cognizance of offence under Section 307 of the IPC also. As regards that case,
the incident relates to 10.12.2016 and original the FIR was registered by the
respondent No.2 against the petitioners under Sections 341, 323, 294, 324, 506
read with 34 of the IPC on the same day. Later on, on 6.7.2018, i.e after almost
1-1/2 years of the registration of FIR, the offence under Section 307 IPC was
added in the case diary. The police, after completion of investigation on
13.02.2020, placed the closure report before the Magistrate who, however,
rejected it and took cognizance of the said offences vide order dated
02.03.2020
In view of the judgment of the Supreme Court in State of M.P. Vs. Laxmi
Narayan and others, where an offence under Section 307 IPC is also added to
the list of offences, the Supreme Court has cautioned that, though the Court
must arrive at its own independent finding looking into the nature of injury
caused, the site of the injury, the intensity / extent of the injury and whether the
same is dangerous to life and therefore, if the Court feels that there is a high
probability of conviction from the said offence and that the injury so caused to
the vital part of the body and is dangerous which may have resulted in death,
Signature Not Verified
SAN
then the compromise notwithstanding, the petition for quashment should be
Digitally signed by VIKRAM SINGH
Date: 2022.05.11 16:09:12 IST
dismissed. The Supreme Court in the same breath also says that merely because
Section 307 IPC has been added to the FIR/ charge-sheet does not mean that in
routine course the petition should be dismissed. There it would be the duty of
the Court to peruse and examine the material on record and, thereafter, arrive at
an opinion whether the offence under Section 307 IPC is actually made out or
not.
In the present case, as already stated herein above, the offence under
Section 307 IPC was added almost 1-1/2 years after the FIR was registered.
Having gone through the injury report prepared on 11.12.2016, in all, the injured
respondent had suffered 7 injuries out of which two being contusions are simple
in nature. Injuries No. 3 to 7 are all incised wounds on the back side of the
body, two on the right shoulder blade, two on the left shoulder of the back and
one on the left side of the back of the chest. Pursuant to the investigation, the
police has not filed an opinion of a doctor that the said injuries are dangerous to
life. Under these circumstances, the material placed on record along with the
charge-sheet itself does not go to support an offence under Section 307 of the
IPC. Besides that, as already stated herein above, the parties have arrived at a
compromise to close all cases pending against them pursuant to the mediation
proceedings. Therefore, these circumstances, this petition is allowed. All
proceedings in R.C.T.No.5805170/2015 pending in the Court of the learned
J.M.F.C., Bhopal, R.C.T.No.6802680/2016 also pending in the Court of
learned J.M.F.C., Bhopal and S.T. No.196/2021 pending in the Court of learned
Sixteenth Additional Sessions Judge, Bhopal shall stand quashed.
With the above, the petition is finally disposed of.
Signature Not Verified
SAN
C.C. As per rules.
Digitally signed by VIKRAM SINGH
Date: 2022.05.11 16:09:12 IST
(ATUL SREEDHARAN)
JUDGE
Vikram
Signature Not Verified
SAN
Digitally signed by VIKRAM SINGH
Date: 2022.05.11 16:09:12 IST
