Madhya Pradesh High Court
Nishit Kumar Bala vs The State Of Madhya Pradesh on 13 August, 2018
1 MCRC-27159-2018
The High Court Of Madhya Pradesh
MCRC-27159-2018
(NISHIT KUMAR BALA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 13-08-2018
Shri Ravi Ballabh Tripathi, learned counsel for the petitioner.
Shri B.M. Patel, learned Public Prosecutor for respondent
No.1/State.
Shri Neeraj Dhamaniya, learned counsel for respondent No.2.
Heard.
The present petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR lodged by the complainant (respondent No.2) against the petitioner at crime No.107/2018 at Police Station Cyber Cell, Gwalior, for the offence under Sections 292, 354-D, 509 of IPC and Sections 66(C) and 67(A) of Information Technology Act.
Heard on I.A.No.5498/2018, application under Section 320 (2) of Cr.P.C. seeking permission to compound the offence.
The Principal Registrar of this Court has duly verified the parties, contents of the application, intent and signatures. Report dated 23-07- 2018 is attached and perused. Compromise has been reached between the parties voluntarily without any threat, inducement and coercion.
Learned counsel for petitioner placed reliance over the order dated 01.05.2018 passed in CRM-M No. 6056-2018 (Sukhbir Singh and ors. Vs. State of Punjab and Anr.) as well as order dated 02.02.2016 passed in W.P. (CRL) 223/2016, (Tarun Rana & ors. Vs. State & Anr.) and therefore seeks parity.
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, 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 utilised in other material cases.
After hearing learned counsel for the parties and taking into account the law laid down by Hon'ble Apex Court, in the opinion of this court, continuance of the prosecution in such matters will be a futile exercise 2 MCRC-27159-2018 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 are being permitted to be compounded with the permission of the Court. Accordingly, I.A.No.5498/2018 stands allowed and this Court allows this MCRC with the following direction:-
1. FIR registered at Crime No.75/2018 at Police Station, Cyber cell, Gwalior for the offence under Sections 292, 354-D, 509 of IPC and Sections 66(C) and 67(A) of Information Technology Act against the petitioner is hereby quashed.
2- Subsequent proceedings, pursuant to Crime No.75/2018 is also quashed.
Petition stands disposed of (ANAND PATHAK) JUDGE Rashid Digitally signed by RASHID KHAN Date: 2018.08.14 16:30:52 +05'30'