Madhya Pradesh High Court
Gopal Tiwari vs The State Of Madhya Pradesh on 16 November, 2018
High Court of Madhya Pradesh
(1 ) M.Cr.C. No. 43461/2018
(Gopal Tiwari Vs. State of M.P. & Anr.)
Gwalior Bench:
16/11/2018
Shri Amit Goswami, learned counsel for the petitioner.
Shri Ravindra Singh Kushwah, learned PP for respondent
No. 1/State.
Shri Arvind Dwivedi, learned counsel for respondent no. 2/complainant.
The present petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the FIR lodged by the complainant (respondent No.2) against the petitioner at crime No.301/2018 at police Station Lahar, District Bhind for the offence under Sections 327, 323 and 34 of IPC and criminal proceedings pending in consequence thereto.
Heard on I.A.No.8313/2018 is an application moved on behalf of petitioner as well as respondent No. 2 under Section 320 of Cr.P.C. seeking permission to compound the offence.
Learned counsel for the parties moved applications duly signed by the petitioner as well as respondent No.2 and submitted that they are ready to compromise the matter. The parties have appeared before the Principal Registrar of this Court for verification of the factum of compromise. Vide report dated 1/11/2018, the Principal Registrar has given report which is perused. From the report it appears that the compromise has been arrived at voluntarily without any threat, inducement and coercion. On the basis of verification of report, contents of the applications and the submission made by learned counsel for the parties, the application is allowed. Parties are permitted to reach compromise as per the application. Counsel for the parties have relied upon the catena of judgments of Hon'ble Apex Court in the matters of Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 High Court of Madhya Pradesh (2 ) M.Cr.C. No. 43461/2018 (Gopal Tiwari Vs. State of M.P. & Anr.) 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 675and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 and submits that as per laid down 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 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.
Consequent upon the above said facts and that the accused petitioner and the complainant/respondent No. 2 have amicably resolved the issue and the offences being compoundable with the permission of the Court, this Court allows this petition. Resultantly, the proceedings emanated from the FIR registered at crime No. 301/2018 at police Station Lahar, District Bhind for the offence under Sections 327, 323 and 34 of IPC and criminal proceedings pending in consequence thereto are hereby quashed.
Petition stands disposed of.
(Anand Pathak)
jps/- Judge
JAI PRAKASH SOLANKI
2018.11.19 13:45:28 +05'30'