Madhya Pradesh High Court
Sujeet Rai vs The State Of Madhya Pradesh on 6 August, 2018
1 MCRC-19896-2018
The High Court Of Madhya Pradesh
MCRC-19896-2018
(SUJEET RAI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-08-2018
Shri Siddhant Kochar, counsel for the applicant.
Shri S.D. Khan, Govt. Adv. for the respondent No.1/State.
Shri Samresh Katare, counsel for the respondent No.2. Applicant Sujeet Rai has been implicated in Crime No.66/18 registered at Police Station, Dhanaura, District Seoni for offence under sections 354-A, 354, 341 and 342 of the IPC on the report of respondent No.2.
Both the parties have filed I.A. No.11700/2018, an application under section 320(2) of the Cr.P.C. compounding of the offence supported by affidavits of both the parties.
Both the parties were directed to appear before the Registrar (J) for verification. Verification dated 23.7.2018 has been received which indicates that the parties have entered into the compromise voluntarily without any threat or compulsion.
In case of Mange Ram Sharma Vs. Delhi at New Delhi, 2017 SCC Online Delhi 7933 for similar offence under section 354-A/509 of the IPC for compounding was permitted and FIR was quashed.
In case of Aashu Pawar Vs. State of Haryana, 2015 SC Online Punjab and Haryana, 15934, offence under sections 323, 506, 504, 341, 147, 149 and 354-A of the IPC has been allowed, the FIR has been quashed following the law laid down in case of B.S. Joshi Vs. State of Haryana (2003) 4 SCC 675 and Kulwinder Singh Vs. State of Punjab, 2007 (3) RCR (criminal) 1052.
In the present case, the complainant has voluntarily settled the dispute. The dispute involves purely personal nature. Keeping the matter alive with no possibility of a result in favour of the prosecution in a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. As held in the case of Madan Mohan Abot Vs. State of Punjab (2008) 4 SCC 582.
Keeping in view the above circumstances and the decision rendered by the different High Courts and the principle laid down by the Hon'ble Apex Court, it would be appropriate to allow this application. The compromise is allowed as further prosecution case would be futile 2 MCRC-19896-2018 and waste of Court valuable time.
With the aforesaid, the petition is allowed. It is directed that FIR registered at Crime No.66/2018 in Police Station, Dhanaura, District Seoni is hereby quashed.
(SUSHIL KUMAR PALO) JUDGE pn Digitally signed by PANKAJ NAGLE Date: 2018.08.07 11:36:39 +05'30'