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2013 DIGILAW 424 (JHR)

Usha Devi v. State of Jharkhand

2013-04-02

R.R.PRASAD

body2013
Judgment The order dated 8.1.2010 passed by the Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case no.219 of 2009 (G.R. No. 960 of 2009) whereby and whereunder cognizance of the offences punishable under Sections 323, 324, 341, 504/34 of the Indian Penal Code has been taken against the petitioners is being sought to be quashed on the ground that the parties have compromised the case. 2. Learned counsel appearing for the petitioners submits that on the allegation that Gambhira Mistri assaulted with tangi over the head of the informant and other accused persons including one of the petitioners also assaulted with Garasha over the head, a case was registered under Section 323, 324, 307/34 of the Indian Penal Code but the police after investigating the case, submitted charge sheet under Sections 323, 324, 341, 504/34 of the Indian Penal Code, still the court took cognizance of the offences punishable under Section 307 and allied sections of the Indian Penal Code but keeping in view the nature of the injuries and the allegation, one can come to the conclusion that there was no intention on the part of the petitioners, who are ladies to commit murder of the informant. 3. Under this situation, this application has been filed for quashing of the order taking cognizance on the ground that the parties have compromised the case wherein all other offences under which cognizance has been taken are compoundable except offence under Section 307 which is not made out. 4. In this case nature of allegation is as such that one can not give any finding as to whether offence under Section 307 of the Indian Penal Code is made out or not. In such situation, since the cognizance has been taken of the offence under Section 307 of the Indian Penal Code, that cannot be allowed to be compoundable, in view of the provision as contained in Section 320 of the Code of Criminal Procedure. 5. Accordingly, this application stands dismissed. 6. It was brought to my knowledge that all those petitioners have been granted anticipatory bail on certain condition but since the condition was not fulfilled, the petitioners never furnished bail bonds and thereby now process under Section 82 of the Code of Criminal Procedure has also been issued. 7. Under the circumstances, the petitioners are directed to surrender before the court below within two weeks from today. 7. Under the circumstances, the petitioners are directed to surrender before the court below within two weeks from today. If the petitioners surrender and pray for bail, the same be disposed of after taking into consideration on amongst other the submission relating to offence under Section 307 being not made out and that the petitioners are ladies and that the matter has been compromised in between the parties.