STATE OF M.P. & ANR. versus RAJVEER SINGH & ORS.

Citation: [2016] 2 S.C.R. 1047 · Decided: 25-04-2016 · Supreme Court of India · Bench: V. GOPALA GOWDA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2016] 2 S.C.R.1047 
STATE OF M.P. & ANR. 
v. 
RAJVEER SINGH & ORS. 
(Criminal Appeal No. 446of2016) 
APRIL 25, 2016 
[V. GOPALA GOWDA AND ARUN 'MISHRA, JJ.) 
CodP of Criminal Procedure, 1973: s.482 - Quashing of 
proceedings - Complaint against respondent no. I alleging 
commission of offence u/ss.307134 !PC - Case of complainant was 
that on the date of incident, respondent no. I-police official 
intercepted his wuy, abused him and then fired a gun shot on his leg 
and as a result he fell down and thereafter police party started 
hilling him with butt of firearm and also with kicks and punches -
FIR - Petition filed by respondent no. I for quashing of criminal 
proceedings - During pendency of proceedings, he filed compromise 
petition stated to have been entered into between him and 
complainant - Case of respondent no. I was that on the day of 
incident. there was an attack on police party by dacoits and the 
complainant was injured during the firing of the dacoits - During 
trial against the dacoits, respondent no. I was examined as a witness 
- Besides him, other witnesses also recorded statement that the dacoit 
fired from his gun which hit the complainant - High Court quashed 
the FIR -Appeal by State - Held: It is apparent from the order that 
the High Court did not consider the facts and circumstances of the 
case and that there was serious counter a/legation made against 
the complainant by accused respondent - It was alleged in the 
petition filed uls.482 Cr.P.C. that he was harbouring the dacoits 
and gun-shots were fired by dacoits and injury suffered by 
complainant was caused by gun shot fired by dacoits - It is apparent 
that the complainant of the present case was not made an accused 
in the offence registered by the police in the year 2007 against 
certain dacoits and as they absconded, the trial was closed - The 
prayer was made before the High Court by respondent no. I to 
reopen the trial and to try respondents 5 to 7 in the Sessions trial on 
the basis of offence registered in the year 2007 -
Considering 
allegations and counter-allegations, it was not such a case which 
could have been compromised by the complainant and the accused 
1047 
A 
B 
c 
D 
E 
F 
G 
H 
1048 
SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
A 
and FIR could not have been quashed in such a serious case as 
that was against public policy and administration of criminal justice 
system - The FIR disclosed commission of cognizable offence u/ 
s.30713./ !PC - Considering the nature of allegation, further 
investigation is necessary - Appeal allowed and investigation be 
B 
c 
made in accordance with law. 
Shiji@ Pappu & Ors. vs. Radhika & Anr. 2012 Cr.LR. 
SC 69; Rajasthan vs. Shambhu Keira! & Anr. 2013 (12) 
SCR 973 : 2013(14) SCALE 235 - relied on. 
Case Law Reference 
2012 Cr.LR. SC 69 
2013 (12) SCR 973 
relied on 
relied on 
Para 7 
Para 7 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 446 of 20 l 6. 
D 
From the Judgment and Order dated 27.02.2013 of the High Court 
or'Madhya Pradesh, Bench at Gwalior, in M. Cr. C. No. 8802 of20l l. 
Ms. Bansuri Swaraj, Ms. Shreya Bhatnagar, Raghunatha 
Sethupathy, C. D. Singh, Advs. for the Appellants. 
Pashupathi Nath Razdan, Prashant Shukla, Ms. Anushree Mishra, 
E 
Ad vs. for the Respondents. 
F 
G 
H 
The following Order of the Court was delivered 
ARUN MISHRA, J. l. -Leave granted. 
2. The appeal has been preferred by the State ofM.P. against the 
order dated 27.2.2013, passed by the High Court of Madhya Pradesh in 
M.Cr.C. No.8802 of 20 l l quashing the criminal proceedings against the 
respondent Raj veer Singh registered on the basis of complaint lodged by 
the respondent no.2, Hakim Singh Rawat vide Crime No.332 of20 l l for 
committing offence under Section 307/34 !PC at Police Station Karera, 
District Shivpuri. 
3.1-lakim Singh Rawat, respondent no.2, the complainant lodged a 
complaint at Police Station, Karera on 3.4.2006 with respect to offence 
committed on 2.4.2006 in which it was alleged that while he was coming 
back from Gamm Kesar near Vabdeshu along with his companions, the 
respondent Rajveer Singh, Assistant Sub Inspector of Sunaki chowki 
intercepted his way, abused him and then police fired a gun shot on his 
STATE OF M.P. & ANR. v. RAJVEER SINGH & ORS. 
[ARUN MISHRA, J.] 
leg due to which he suffered injury on the leg and fell down. The said 
ASI along with Constable started hitting the complainant by butt of fireann 
and also with kicks and punches. The co
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