Madhya Pradesh High Court
Jagdev Singh vs The State Of Madhya Pradesh on 29 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
01
THE HIGH COURT OF MADHYA PRADESH
MCRC-64302/2021
(Jagdev Singh Vs. State of M.P. & anr.)
Gwalior, Dated: 29.04.2022
Shri Ram Kishor Sharma, learned counsel for applicant.
Shri Nirmal Sharma, learned Public Prosecutor for
respondent/State.
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.12/2008 registered at Police Station- AJK District- Morena (M.P.) for the offence punishable under Sections 294, 323, 506-B, 34 of the IPC and Section 3(1)(x) of SC/ST (Prevention of Attrocities) Act, 1989, 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.33931/2021 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 19/04/2022, had directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar has submitted his report on 02 21.04.2022 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 applicant and complainant have amicably resolved the issue and they are permitted to compound the offences, this Court allows this MCRC with the following directions :-
The FIR registered as Crime No.12/2008 at Police Station- AJK District- Morena (M.P.) for the offence punishable under Sections 03 294, 323, 506-B, 34 of the IPC and Section 3(1)(x) of SC/ST (Prevention of Attrocities) Act, 1989 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 ojha YOGENDRA OJHA 2022.04.29 19:03:30 +05'30'