Madhya Pradesh High Court
Mansingh Kushwah vs The State Of Madhya Pradesh on 24 July, 2019
1
THE HIGH COURT OF MADHYA PRADESH
MCRC 30521/2019
Man Singh Kushwah vs. State of MP and others
Gwalior, dtd. 24/07/2018
Shri DS Rajawat, Counsel for the petitioner.
Shri Vijay Sundaram, Panel lawyer for the respondent No.1/
State.
Shri R. S. Yadav, Counsel for the respondents No.2 to 9. This petition under Section 482 of CrPC has been filed for quashing the FIR in Crime No.116/2016 registered at Police Station Pichore, District Gwalior for offence under Sections 420, 467, 468 of IPC as well as the criminal proceedings in Sessions Trial No.73/2018 pending in the Court of Fourth Additional Sessions Judge, Dabra, District Gwalior on the ground of compromise.
It is submitted by the counsel for the petitioner that on the report of the complainant, the police had registered Crime No.116/2016 at Police Station Pichore, District Gwalior for offence under Sections 420, 467 and 468 of IPC. The statements of various witnesses/victims were recorded, according to which they were cheated by selling the policies of Royal Privilege India Company Ltd. It was mentioned in the FIR that wrong address of the Company was given in the policy and by selling the policies, several innocent persons were cheated. It is submitted by the counsel for the petitioner that now, the petitioner as well as the complainant have 2 resolved their dispute and have entered into a compromise. The petitioner has agreed to repay the entire amount to the complainant and victims and thus, the FIR as well as the criminal proceedings which are pending against the petitioner in Sessions Trial No.73/2018 before the Court of Fourth Additional Sessions Judge, Dabra, District Gwalior be quashed on the ground of compromise.
Considered the submissions made by the counsel for the petitioner.
The Supreme Court in the cases of Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. reported in (2014) 6 SCC 466, has held that if the offence is a heinous one and is against the society, then the same cannot be quashed on the basis of compromise.
Only in the exceptional case, the non-compoundable offence can be quashed on the basis of compromise and no one can claim as a matter of right that once the accused as well as the victims have compromised the matter, therefore, the offence/criminal proceedings should be quashed.
In the present case, by floating a fake company, the policies were sold to various innocent persons and huge amount has been embezzled by the accused persons which is certainly an offence against the society. Thus, in the considered opinion of this Court, the FIR as well as criminal proceedings pending against the applicant in 3 Sessions Trial No.73/2018 before the Court of Fourth Additional Sessions Judge, Dabra, District Gwalior cannot be quashed on the ground of compromise.
Furthermore, it is the case of the petitioner that he shall repay the amount only after the proceedings are quashed. Thus, it is clear that even at this stage, the petitioner is seeking quashment of criminal proceedings on his own term.
Accordingly, this application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge MKB Digitally signed by MAHENDRA KUMAR BARIK Date: 2019.07.25 18:27:37 +05'30'