Madhya Pradesh High Court
Vimal Chand Jain vs The State Of Madhya Pradesh on 29 January, 2019
THE HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.51424/2018
Vimal Chand Jain & Anr.
Vs.
The State of M.P. & Anr.
Gwalior Bench Dated; 29.01.2019
Shri Sanjay Gupta, learned counsel for the petitioners.
Shri Yogesh Chaturvedi, learned Public Prosecutor for
respondent No.1/State.
Shri Anil Sharma, learned counsel for respondent No.2. Petitioner No.1 -Vimal Chand Jain and respondent No.2
-Manish Goyal are present in person.
The present petition has been preferred by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashment of Crime No.321/2018 registered at Police Station Jhansi Road Gwalior for the offences punishable under Sections 420, 406, 506, 120-B of IPC on the basis of compromise.
It is submitted by learned counsel for the petitioners that although the case as referred above has been registered at the instance of respondent No.2 against the petitioners but later on good sense prevailed over the parties and they have entered into compromise and now they don't want to prosecute the matter and want to live peacefully and to settle the matter. The said aspect has been verified through the application vide I.A.No.9535/2018 along with respective affidavits of the parties and the same has been verified by the Principal Registrar of this Court whereby identity and intent of the parties and contents of the application have been duly verified.
While referring the matter to the Principal Registrar of this Court on 02-01-2019, this Court gave suggestions to the litigating parties to rise to the occasion and try to make some THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.51424/2018 efforts and sincere endeavours for betterment of the city. Considering the suggestions and after due contemplation, it appears that parties are ready to take some positive steps towards betterment of the society and city. Therefore, parties themselves suggested that they are ready to help widows of martyrs of Paramilitary Forces. Besides it, they expressed their desire for some other socially constructive works.
Litigating parties informed this Court that they are ready to deposit Rs.50,000/- each party in favour of widows of martyrs through Mobile App "Bharat Ke Veer". They undertake to deposit the amount in the name of widows of those martyrs who scarified their lives for the country. Their thoughtfulness is worth appreciation. Besides that, litigating parties have showed their interest to embrace one municipal garden for maintenance of the same and for that they are ready to move appropriate application before the Municipal Corporation, Gwalior and Chief Executive Officer, Smart City Project, Gwalior.
Considering the said gesture, they are allowed to make prayer before the Collector, District Gwalior or Commissioner, Municipal Corporation, Gwalior or Chief Executive Officer of Smart City Project, Gwalior, as the case may be to take care of municipal garden holistically so that public responsibility towards betterment of the environment of Gwalior city can be reflected through their efforts.
Inertia of good spirit continues, because respondent No.2 further undertakes to make available some Dustbins to be installed over the streets of Gwalior city provided Municipal Corporation Gwalior allows the same.
District Administration, Police Administration, Municipal THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.51424/2018 Corporation and Smart City Project officers are directed to reap the interest of litigating parties meaningfully for betterment of the city and allot a municipal garden as sought by parties for maintenance. Similarly municipal authority can take benefit of gesture shown by the litigating parties especially Mr. Manish Goyal (respondent No.2) regarding improvement of cleanliness of city by providing dustbins.
A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bona fide gestures would continue.
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 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.
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 HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.51424/2018 the courts below.
Parties shall donate Rs.50,000/- each to the widows/family members of martyrs of Paramilitary Forces and they are at liberty to choose number of families they want to help subject to totaling Rs.50,000/- and by way of affidavits they would inform this Court indicating names of widow(s), martyr(s) and amount so deposited and any other necessary particular for record purpose. Needful be done within seven days from today.
Resultantly, the application for compounding the offences vide I.A.No.9535/2018 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.
Resultantly, FIR registered against the petitioners at Crime No.321/2018 at Police Station Jhansi Road Gwalior for the offence under Sections 420, 406, 506 and 120-B of IPC is quashed and criminal proceedings in pursuance of the said FIR, if any, are also hereby quashed, subject to submitting affidavits before Office of this Court showing compliance of aforesaid conditions.
Petition stands allowed and disposed of in above terms subject to aforesaid conditions.
Principal Registrar of this Court is directed to send copies of this order to the Director General (DG) of those Paramilitary Forces whose martyrs and their families received money so deposited by the litigating parties.
(Anand Pathak)
Anil* Judge
Digitally signed by
ANIL KUMAR
CHAURASIYA
Date: 2019.01.29
18:31:44 +05'30'