Madhya Pradesh High Court
Monu @ Harveer Bhadoriya vs The State Of Madhya Pradesh on 26 November, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47232/2018
Gwalior, dated : 26/11/2018
Shri Kuldeep Thapak, learned counsel for the applicants.
Shri S.S. Dhakad, learned Public Prosecutor for respondent
No.1-State.
Shri S.K. Mishra, learned counsel for respondent No.2. The present petition under Section 482 of Cr.P.C. has been preferred by the petitioner seeking quashment of FIR registered at Crime No.628/2018 at Police Station Gola Ka Mandir, District-Gwalior for the offence under Sections 147, 148, 149 and 307 of IPC.
It is the submission of counsel for the parties that they intend to enter into the compromise therefore, an application under Section 320 (2) of Cr.P.C. by way of I.A. No.8882/2018 has been preferred. Parties fairly submit that they want ot give peace a chance and for that they want to settle their dispute inter se. Therefore, they prayed for verification of compromise before Principal Registrar of this Court.
In view of the aforesaid, parties are directed to appear before the Principal Registrar of this Court on 30/11/2018. In turn, Principal Registrar is directed to verify the factum of compromise as contained in the aforesaid application and submit its report.
At this juncture, learned counsel for the parties submits that both the parites have regrets for the proceedings undertaken involving the state machinery (Police, Prosecution and the Court) and for that they intend to do some social service by way of planting six saplings in their vicinity to have the memory of their settlement so that their past may not haunt them. They further expressed their desire not only to plant saplings but also to take care of them for nourishment till they grow as a full fledged trees, for improvement of enviornment.
Appreciating such gesture shown by the parties, it is directed that counsel for the parties and/ or parties shall plant six saplings in their vicinity before the litigation is concluded by way of settlement and shall take care of them till they grow as full fledged trees. Therefore, they are directed to appear before the Principal Registrar of this Court on 30/11/2018 for compromise of the matter alongwith photographs of the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.47232/2018 saplings alongwith affidavit in this regard. The Principal Registrar shall verify regarding status of planation (on the basis of photographs) and thereafter, proceed with compromise.
Since this Court has given direction on the undertaking of the counsel for the parties regarding plantation of saplings prior to appearance before Principal Registrar of this Court for verification and parties would submit photographs in this regard, but for posterity, it is imperative that parties shall make sincere efforts to maintain the saplings till they grow and turned into full fledged trees. "o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gS", considering the said spirit, parties are directed to submit photographs of the saplings/ trees (six in number) on first week of every 6th month before SHO police station concerned/ concerned officer of the police station for record purpose, who in turn will make entry in Rojnamcha about the submission of the photographs of updated status of plants and their maintainance alongwith affidavit. This direction is made by this Court as a test case to address the anotmy of Violence and Evil by process of creation and a step towards Alignment with Nature. The natural instinct of compassion, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence. Any default in non-submission of photographs/ affidavit and in case of any damage to the plants, the said default shall be ractified by the concerned SHO by ensuring the plantation of another saplings by the parties. SHO may refer the matter to this Court also in case of any default.
List the matter in the week commencing 10/12/2018 alongwith report of the Principal Registrar for further orders.
(Anand Pathak) Judge vc VARSHA CHATURVEDI 2018.11.27 18:59:47 -08'00'