Kailash Narayan Tainguriya vs The State Of Madhya Pradesh on 21 July, 2023

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Madhya Pradesh High Court

Kailash Narayan Tainguriya vs The State Of Madhya Pradesh on 21 July, 2023

Bench: Deepak Kumar Agarwal

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 21 st OF JULY, 2023
             MISC. CRIMINAL CASE No. 29929 of 2023

BETWEEN:-
1.    KAILASH NARAYAN TAINGURIYA S/O LATE SHRI
      DEENA DAYAL TAINGURIYA, AGED ABOUT 74
      YEARS, OCCUPATION: RETIRED GOVT. TEACHER
      WARD NO 17 PANDA PURA NEAR KALYAN
      MANDIR WALI GALI BASODA DISTRICT VIDISHA
      (MADHYA PRADESH)

2.    SMT. PUSHPA TAIGURIYA W/O KAILASH
      NARAYAN TAINGURIYA, AGED ABOUT 70 YEARS,
      OCCUPATION: HOUSE WIFE WARD NO. 17 PANDA
      PURA, NEAR KALYAN MANDIR WALI GALI
      BASODA DIST. VIDISHA (MADHYA PRADESH)

3.    S A H A J TAINGURIYA S/O KAILASH NARAYAN
      TAINGURIYA,     AGED    ABOUT  37  YEARS,
      OCCUPATION: GOVT. JOB WARD NO.17 PANDA
      PURA, NEAR KALYAN MANDIR WALI GALI
      BASODA DIST. VIDISHA (MADHYA PRADESH)

                                                     .....APPLICANTS
(BY SHRI SATENDRA SINGH RAWAT- ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH POLICE
      STATION- BASODA, DISTRICT- VIDISHA (MADHYA
      PRADESH)

2.    SMT. BABLI @ RAJDULARI TAINGURIYA W/O
      SHRI SAHAJ TAINGURIYA, AGED 29 YEARS, R/O
      WARD NO.17 PANDA PURA, NEAR KALYAN
      MANDIR WALI GALI BASODA DISTRICT- VIDISHA
      (MADHYA PRADESH)

                                                   .....RESPONDENTS
(SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR AND SHRI
NITIN SHARMA- ADVOCATE FOR RESPONDENT NO.2)
                                    2
      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This petition has been filed under Section 482 of the Cr.P.C. seeking quashment of proceedings pending in Criminal Case R.C.T. No.211/2018 before the Court of Judicial Magistrate First Class, Ganjbasoda, District- Vidisha (M.P.) and order dated 25/04/2023, whereby the application under Section 320(1) and 320 (2) of Cr.P.C. has been dismissed, on the basis of compromise.

During pendency of this petition, the applicants and the complainant had filed an application jointly under Section 320(1) & (2) of Cr.P.C. alongwith their affidavits which was registered as IA No. 12399/2023 stating that they have resolved the dispute amicably and now they do not want to pursue the matter any more.

This Court, vide order dated 14/07/2023, 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 17/07/2023 itself and verified the 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 the accused applicants and the complainant have amicably resolved the issue and they are permitted to compound the offences, this Court allows this MCRC with the following directions :-

1. T h e proceedings pending in Criminal Case R.C.T. No.211/2018 before the Court of Judicial Magistrate First Class, Ganjbasoda, District-

Vidisha (M.P.) and the order dated 25/04/2023 are hereby quashed. The applicants are discharged from the charge of the present case on the basis of compromise.

The petition, accordingly, stands allowed. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH JUDGE RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH rahul GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5, PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.22 11:08:19 +05'30'

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