Madhya Pradesh High Court
Balveer Singh vs The State Of Madhya Pradesh on 9 December, 2022
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 9 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 54568 of 2022
BETWEEN:-
BALVEER SINGH S/O SHRI RAM SINGH, AGED ABOUT
40 YEARS, OCCUPATION: KASTKARI R/O NAVEEN LOHA
MANDI, SHIVPURI ROAD, LASHKAR GIRD, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI DHIRENDRA SINGH NIRANJAN - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH P.S. THARET DISTT.
DATIA (MADHYA PRADESH)
2. YOGENDRA SINGH S/O SHRI BADRI SINGH, AGED
ABOUT 34 YEARS, OCCUPATION: KASHTKARI
CHIRWAYI NAKA NAVEEN LOHA MADNI
KAMPOO, GWALIOR (MADHYA PRADESH)
3. BADRI SINGH S/O LATE SHRI HARI SINGH, AGED
ABOUT 70 YEARS, OCCUPATION: KASHTKARI
CHIRWAYI NAKA, NAVEEN LOHA MANDI
KAMPOO, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR FOR
RESPONDENT NO.1 & SHRI ROHIT SHRIVASTAVA - ADVOCATE FOR
RESPONDENTS NO.2 AND 3)
This application coming on for admission this day, the court passed the
following:
ORDER
B y invoking inherent power of this Court, present petition has been preferred by petitioner u/S.482 of Cr.P.C. seeking quashment of FIR bearing Signature Not Verified Signed by: MONIKA SHARMA Signing time: 09-12-2022 06:08:26 PM 2 Crime No. 76 of 2022 registered at Police Station Kampoo, District Gwalior (M.P.) for the offence under Sections 327, 324, 323, 294, 506 of I.P.C and added Section 329 of IPC and other subsequent criminal proceedings initiated therefrom on the basis of compromise.
Alongwith the petition, both the parties have filed IA No.17685/2022, stating therein that the dispute between the parties has been resolved and they have entered into compromise with no intention to pursue the matter further.
I n compliance of order dated 21.11.2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded the statements of complainants/ respondents No. 2 and 3 as well as petitioner - accused and has submitted the report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 320 of CrPC, offence under Sections 327, 329 and 324 of the IPC are not compoundable.
In the cases of 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, a nd Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Supreme Court has 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 utilised in other material cases.
In view of the above facts and circumstances and taking into account the law laid down by Hon'ble Apex Court, in the opinion of this court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably invoked Signature Not Verified Signed by: MONIKA SHARMA Signing time: 09-12-2022 06:08:26 PM 3 to prevent abuse of the process of law and wasteful exercise by the courts below.
Considering the fact that the respondents No. 2 and 3- complainants and petitioner - accused have amicably resolved the issue, this Court allows this MCRC with the following direction:-
1. FIR dated 22.02.2022 bearing Crime No. 76 of 2022 registered at Police Station Kampoo, District Gwalior (M.P.) for the offence under Sections 327, 324, 323, 294, 506 of I.P.C and added Section 329 of IPC against the petitioner is hereby quashed.
2. All the consequential proceedings flowing out of the said FIR also stand quashed.
Petition stands disposed of. No order as to cost.
(SUNITA YADAV) JUDGE Monika Signature Not Verified Signed by: MONIKA SHARMA Signing time: 09-12-2022 06:08:26 PM