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Madhya Pradesh High Court

Rohit @ Rahul Gurjar vs The State Of Madhya Pradesh Thr on 7 August, 2015

                M.Cr.C. No. 6739/2015


               Rohit @ Rahul Gurjar
                         Vs.
               State of M.P. & others

07/08/2015

     Shri     Jagdish    Singh,    Advocate   for    the
petitioner.
     Shri Kuldeep Singh, Panel Lawyer for the
Respondent No. 1 /State.

Shri Akhilesh Gupta, Advocate for respondent No.2.

This petition under Section 482 of Cr.P.C. has been filed to invoke the inherent jurisdiction of this Court to quash the FIR registered in Crime No. 582/2014 at Police Station Kampoo District Gwalior.

On the report of respondent No. 2 Vivek Suryavasnshi, Crime No.582/14, has been registered at Police Station, Kampoo District Gwalior for the offence punishable under Sections 294, 323, 327, 506, 147, 148 of IPC. against the petitioner Rohit and other accused M.Cr.C. No. 6739/2015 persons namely, Vishal, Santosh, Anil Kumar and K.K. Tiwari.

In M.Cr.C No. 10657/2014, respondent No.2 have entered into the compromise with Vishal, Santosh, Anil Kumar and K.K. Tiwari vide order dated 6.1.2015. The present petition has been filed on behalf of the petitioner Rohit only.

An application, IA No.5764/2015 has been filed under Section 320 of Cr. P. C which was sent to the Principal Registrar for verification of the factum of the compromise.

Vide Note dated 24.7.2015 Principal Registrar has verified the same and submitted that he is satisfied that the parties have entered into compromise voluntarily without any threat, inducement and coercion.

Keeping in view that there is no dispute left between the parties and the parties have arrived at into an amicable settlement. If the proceeding is allowed to continue, it will be futile exercise of the Court and waste of valuable time.

Following the law laid down by the Hon'ble Supreme Court in Shiji @ Pappu and others Vs. Radhika and another reported in (2012) 1 SCC (Cri) 101 and Gian Singh Vs. State of Punjab and another reported in (2013) 1 SCC (Cri) 160 and the complaint prevail in this case, allowing the petition under Section 482 of Cr.P.C., the FIR registered in Crime No. 582/14, registered at Police Station Kampoo District Gwalior for the offence punishable under Sections 294, 323, 327, 506, 147, and 148 of IPC and the consequent criminal proceedings with regard to present petitioner Rohit, if any is hereby quashed.

With the aforesaid, this petition is allowed.

(S.K. Palo) JUDGE dcs/-