Madhya Pradesh High Court
Dheeraj Agrawal vs The State Of Madhya Pradesh on 18 November, 2021
Author: Anand Pathak
Bench: Anand Pathak
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.12244/2020
(Dheeraj Agrawal and Ors. Vs. State of M.P. & Ors.)
Gwalior Bench Dated; 18.11.2021
Shri V.D. Sharma , learned counsel for the petitioners.
Shri Sanjay Sharma, learned Public Prosecutor for respondent
No.1/State.
Shri Neerendra Sharma, learned counsel for respondents No.2 and 3/complainant.
With consent heard finally.
The present petition has been preferred by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of common order dated 04.02.2020 in Criminal Case No.CRR-338-2019 and order dated 05.09.2019 in Criminal Case No.4134/2019 for the offence punishable under Sections 420 and 406 of IPC and subsequent proceedings, on the basis of compromise.
It appears that parties agreed to settle the matter and therefore, joint application I.A.No.2708/2020 has been preferred at the instance of parties and they want to settle the matter. The application is duly signed by respective parties (power of attorney holder on behalf of complainant) and same is supported by their affidavits.
The Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.
Learned counsel for the respondent No.1/State opposed the prayer and prayed for rejection of the petition.
Counsel for the complainant argued in support of petitioners' prayer for compromise. He referred power of attorney and affidavit filed by the complainant is ready to settle the matter.
Heard learned counsel for the parties at length and perused the documents appended thereto.
A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue.
The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641, laid down that even in non- compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.
After hearing learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of trial in such matter will be a futile exercise which will serve no purpose. Under such a situation, section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.
To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, application for compounding the offence vide I.A. No.2708/2020 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.
This Court gave suggestions to the petitioners to rise to the occasion and try to make some efforts and sincere endeavours for betterment of the country and/or environment. Considering the suggestions and after due contemplation, it appears that petitioners are ready to take some positive steps towards betterment of the society and country. Therefore, they are ready to deposit Rs. 25,000/- total in favour of Army Central Welfare Fund having A/C No.520101236373338 of Union Bank of India, Branch Chandni Chowk, Delhi-110006, IFSC Code UBIN0530778 within 10 days from today.
Resultantly, the petition is allowed. Common order dated 04.02.2020 in Criminal Case No.CRR-338-2019 and order dated 05.09.2019 in Criminal Case No.4134/2019 for the offence punishable under Sections 420 and 406 of IPC and other criminal proceedings in furtherance thereto, if any, are hereby quashed subject to deposit.
Principal Registrar of this Court is directed to send a copy of this order to the Chief of Defence Staff/ex officio Secretary to Department of Military Affairs in Ministry of Defence, North Block, New Delhi for information purpose about the thoughtfulness of petitioner towards National Cause.
Petition stands allowed and disposed of in above terms.
(Anand Pathak)
Ashish* Judge
ASHIS
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Date: 2021.11.18 19:27:10 +05'30'