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Compromise Cannot Quash FIR In Serious Firearm Offences, Madhya Pradesh High Court Rules In Gwalior

Bhopal (Madhya Pradesh): High Court at Gwalior has held that a compromise between the parties cannot justify quashing an FIR where the allegations involve firing and an attempt on the life of the injured. High Court at Gwalior has refused to quash an FIR arising out of a shootout in which a woman labourer was hit by a bullet, holding that a compromise between the parties cannot, by itself,…

Compromise Cannot Quash FIR In Serious Firearm Offences, Madhya Pradesh High Court Rules In Gwalior

The Gwalior High Court has ruled that a compromise between parties cannot be used to quash a First Information Report (FIR) when the allegations involve a shooting incident and an attempt on someone's life. The court denied quashing the FIR arising from a shootout where a woman laborer was shot and injured. Justice Rajesh Kumar Gupta dismissed the petition filed by Santosh Gurjar and another suspect under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which is similar to Section 482 of the Criminal Procedure Code (CrPC).

The prosecution claims that on September 15, 2023, Bharat Gurjar, Ram Lakhan Gurjar, and Santosh Gurjar allegedly began abusing each other and fired gunshots near Pawan Sut Colony in Sirol, Gwalior. Four other individuals joined in the shooting, and one bullet hit the complainant below her naval, causing bleeding. Her husband and sister-in-law took her to the Morena District Hospital in Gwalior, where her Dehati Nalishi was recorded, leading to the filing of the case.

The court acknowledged the compromise but held that it cannot be the sole ground for invoking inherent jurisdiction under Section 528 BNSS when the allegations involve a serious offense that impacts society at large.

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