Madhya Pradesh High Court
Himanshu Sharma vs The State Of Madhya Pradesh on 22 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-14720-2022
(Himanshu Sharma & Ors. Vs. State of M.P.)
Gwalior, Dated : 22/04/2022
Shri S.P.S. Gurjar, learned counsel for the applicants.
Shri Shiraz Quraishi, learned Government Advocate for the
respondent No.1/State.
Shri Rohit Shrivastava, learned counsel for respondent No.2/complainant.
Case Diary is perused.
Learned counsel for the rival parties are heard. This petition has been filed under Section 482 of the Cr.P.C. seeking quashment of FIR bearing Crime No.462/2021 registered at Police Station- Hazira, District- Gwalior (M.P.) for the offence punishable under Sections 498-A, 323, 506 & 34 of the IPC and Section 3/4 of Dowry Prohibition Act, on the basis of compromise.
During pendency of this petition, the applicants and complainant had entered into the compromise and they have jointly filed an application under Section 320(2) of the Cr.P.C alongwith their affidavits which was registered as IA No.4651/2022 stating therein that they have resolved the dispute amicably and now they do not want to pursue the matter any more.
This Court, vide order dated 30/03/2022, had directed the parties to appear before the Principal Registrar of this Court for 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-14720-2022 (Himanshu Sharma & Ors. Vs. State of M.P.) recording their statements and for verification of factum of compromise. The Principal Registrar has submitted his report on 18/04/2022 itself and verified the factum of compromise.
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, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Anita Maria Dias and Anr. Vs. State of Maharashtra and Anr. (2018) 3 SCC 290, 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 utilized in other material cases.
After hearing the 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 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 to prevent abuse of the process of law and wasteful exercise by the courts below. Moreso, the offence in question is not against the society but merely affects the victim.
Consequent upon the above said facts and that applicants and complainant have amicably resolved the issue and they are permitted 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-14720-2022 (Himanshu Sharma & Ors. Vs. State of M.P.) to compound the offences, this Court allows this MCRC with the following directions :-
The FIR registered as Crime No.462/2021 at Police Station- Hazira, District- Gwalior (M.P.) for the offence punishable under Sections 498-A, 323, 506 & 34 of the IPC and all consequential proceedings are hereby quashed. The petition, accordingly, stands allowed. The applicants are discharged from all the charges.
Accordingly, the present petition under Section 482 of Cr.P.C. preferred by the applicants stands allowed.
Certified copy/e-copy as per rules/directions.
(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.22 17:43:51 +05'30'