Madhya Pradesh High Court
Rajendra Kumar Rathiya vs Rajesh Kumar Gupta on 3 November, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 3 rd OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 48087 of 2023
BETWEEN:-
RAJENDRA KUMAR RATHIYA S/O LATE SHRI
JAGANNATH PRASAD RATHIYA, AGED ABOUT 59
YEARS, OCCUPATION: RETIRED FROM LIC INDIA FLAT
NO 402, KABIR MANSION OPPOSITE SHRIRAM PALACE
BADA ,LASHKAR GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANAND KUMAR DUBEY - ADVOCATE)
AND
RAJESH KUMAR GUPTA S/O MATHURA PRASAD GUPTA,
AGED ABOUT 50 YEARS, OCCUPATION: LIC AGENT
FLAT NO 406 GOLDEN SIDE ALKAPURI GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI HARISH SHARMA - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
With consent heard finally.
1. The present petition under Section 482 of Cr.P.C. R/W Section 147 of Negotiable Instrument Act for compounding the offence under Section 138 of N.I. Act has been filed by the petitioner seeking quashment of order dated 03.10.2023 passed by Learned Sessions Judge, Gwalior in Cr.A.No.367/2023 and Order dated 30.06.2023 passed by JMFC Gwalior in Criminal Case No.1235/2021 whereby petitioner has been convicted for offence under Section Signature Not Verified Signed by: RASHID KHAN Signing time: 03-11-2023 06:18:41 PM 2 138 of N.I. Act with four months RI and direction to pay compensation amount of Rs.2,49,800/- to the complainant.
2 . It appears that parties agreed to settle the matter and therefore, joint application vide I.A.No.19719/2023 has been preferred at the instance of parties and they want to settle the matter. Application is duly signed by respective parties and same is supported by their affidavits.
3 . T he Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.
4. Learned counsel for the complainant argued in support of petitioner's prayer for compromise. He referred affidavit filed by the complainant and is ready to settle the matter once and for all.
5 . Heard learned counsel for the parties at length and perused the documents appended thereto.
6. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue.
7. The Hon'ble Supreme Court in catena of judgments 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, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 , laid Signature Not Verified Signed by: RASHID KHAN Signing time: 03-11-2023 06:18:41 PM 3 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.
8 . After hearing 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 trial in such matter 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.
9. To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, application for compounding the offence vide I.A.No.19719/2023 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.
10. Resultantly, the petition is allowed. Order dated 03.10.2023 passed by Learned Sessions Judge, Gwalior in Cr.A.No.367/2023 and Order dated 30.06.2023 passed by JMFC Gwalior in Criminal Case No.1235/2021 whereby petitioner has been convicted for offence under Section 138 of N.I. Act with four months RI and direction to pay compensation amount of Rs.2,49,800/- to the complainant as well as entire proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the parties.
11. Petition stands allowed and disposed of in above terms.
12. Copy of this order be sent to the trial Court concerned for compliance.
13. Certified copy as per rules.
Signature Not Verified Signed by: RASHID KHAN Signing time: 03-11-2023 06:18:41 PM 4(ANAND PATHAK) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 03-11-2023 06:18:41 PM