Madhya Pradesh High Court
Vishal Jatav vs The State Of Madhya Pradesh on 29 September, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 29 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 40280 of 2023
BETWEEN:-
VISHAL JATAV S/O KAMAL JATAV, AGED ABOUT 23
YEARS, OCCUPATION: STUDENT, R/O: KHALKAPURA,
DIST. DATIA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPIT SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
ANNAPURNA, DIST. INDORE (MADHYA PRADESH)
2. VICTIM X THROUGH P.S. ANNAPURNA, DIST.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI D.G. MISHRA - GOVERNMENT ADVOCATE AND SHRI
SHIVENDRA SINGH SHARMA - ADVOCATE FOR THE RESPONDENT
NO.2.)
This application coming on for admission this day, the court passed the
following:
ORDER
The petitioner has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for quashment of FIR dated 21/01/2023 arising out of Crime No.47/2023 registered at Police Station Annapurna, District Indore for offence punishable under Sections 376, 366 and 506 of the Indian Penal Code, 1860 (in short 'IPC') and all other consequential proceedings arising therefrom.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 30-09-2023 11:26:30 22. The facts of the case in brief are that there was friendship between the prosecutrix and the petitioner and both of them started liking each other. On 20.01.2023, when the prosecutrix alongwith her mother and petitioner went to Indore to meet brother of the prosecutrix, the petitioner told her to come alongwith him and said that he will marry her. When the prosecutrix refused for the same, the petitioner threatened her to face dire consequences. Thereafter, petitioner accompanied her in a Car and took her to Bhopal and kept her in a hotel and repeatedly committed rape upon her. After few days, petitioner left her at Bhopal Railway Station and fled away from there. Then missing person report lodged by brother of the prosecutrix. After inquiry, offence has been registered against the petitioner. After conclusion of the investigation, charge- sheet has been filed before JMFC, Indore, who has committed the case to the Sessions Judge, Indore, which later on transferred to the VIII ASJ, Indore.
3. Learned counsel for the petitioner submits that matter has been amicably settled between both the parties and prosecutrix has also filed no objection regarding the anticipatory bail application filed by the petitioner and in this petition both the parties have filed a joint application under Section 320(2) read with Section 34 of Cr.P.C. for compounding the offence vide order dated 11.09.2023, this Court has directed to both the parties to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the Court order, Principal registrar vide note-sheet dated 25.09.2023 verified the factum of compromise and held that both the parties have entered into the compromise voluntarily, without any threat, inducement and coercion from the other side. they have amicably settled the dispute. The petitioner is already enlarged on bail. She has also filed no objection alongwith Signature Not Verified her affidavit for allowing this petition. The conduct of the prosecutrix itself Signed by: ANUSHREE PANDEY Signing time: 30-09-2023 11:26:30 3 shows that she does not want any action against the petitioner and also prays for withdrawal of the FIR.
4. Learned counsel for the petitioner further submitted that the offence under Sections 376 and 366 and 506 of IPC are not compoundable offence but since the matter is amicably settled and prosecutrix does not want any action against the petitioner, therefore, no dispute exists between them.
5. Learned counsel for the petitioner further contended that the FIR dated 21/01/2023 registered at Crime No.47/2023 under Section 376, 366 and 506 of IPC at Police Station Annapurna, Indore, charge sheet and all other subsequent / consequential criminal proceedings pending be quashed.
6. Learned counsel for the State / respondent No.1 opposes the prayer and prays for its rejection.
7. Learned counsel for the respondent No.2 agreed that since the matter has been amicably settled between both the parties, therefore, the aforesaid proceeding be quashed in the interest of future matrimonial welfare of both the parties.
8. Hon'ble the apex Court in the case of Gyan Singh Vs. State of Punjab and Others reported in (2012) 10 SCC 303, wherein it has been held that the criminal proceedings can be quashed by the Court, if the Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them, then the subject crime number and incidental proceedings thereto be quashed.
9. Hon'ble Supreme Court in the case of Narender Singh and others Vs. State of Punjab and another reported in (2014)6 SCC 466 has held as under:-
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 30-09-2023 11:26:30 4"I n view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement a n d quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal."
10. Relying upon the judgment of the apex Court in the cases of Narendra Singh and Gyan Singh (Supra), this Court is of the considered opinion that the present case is a fit case, where extra-ordinary power inherited to this Court may be exercised in favour of the present petitioner.
11. Accordingly, present petition filed under section 482 of Cr.P.C. is allowed and the FIR dated 21/01/2023 registered at Crime No.47/2023 under Sections 376, 366 and 506 of IPC at Police Station Annapurna, Indore and all other consequential proceedings arising therefrom are hereby quashed. Petitioner Vishal Jatav is discharged from the aforesaid offences.
12. In light of the aforesaid, present petition is allowed and disposed of accordingly.
Certified copy as per rules.
(ANIL VERMA) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 30-09-2023 11:26:30