Learned counsel for the parties moved applications duly
signed by the petitioner as well as respondent No.2 and
submitted that they are ready to compromise the matter. The
parties have appeared before the Principal Registrar of this
Court for verification of the factum of compromise. Vide report
dated 1/11/2018, the Principal Registrar has given report
which is perused. From the report it appears that the
compromise has been arrived at voluntarily without any threat,
inducement and coercion. On the basis of verification of
report, contents of the applications and the submission made
by learned counsel for the parties, the application is allowed.
Parties are permitted to reach compromise as per the
application. Counsel for the parties have relied upon the catena
of judgments of Hon'ble Apex Court in the matters of Jagdish
Channa & others Vs. State of Haryana & another, AIR 2008
SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008
High Court of Madhya Pradesh
(2 ) M.Cr.C. No. 43461/2018
(Gopal Tiwari Vs. State of M.P. & Anr.)
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 675and Parbatbhai Ahir alias
Parbatbhai Bhimsinhbhai Karmur and others Vs. State of
Gujarat and another, (2017) 9 SCC 641 and submits that as
per laid down 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.
From the documents, it is apparent that though
the petitioner has a statutory remedy of filing an appeal
THE HIGH COURT OF MADHYA PRADESH
W.P. No.7721/2019
(Gopal Tiwari Vs. State of M.P. & others)
Per contra, learned G.A. submits that no interference is
THE HIGH COURT OF MADHYA PRADESH
2 WP No. 913/2020
(Krishna Gopal Tiwari Vs The State of M.P. & others)
warranted with the order of transfer as the same has been passed
in administrative exigencey and the policy is merely in the nature
of guideline having no statutory force.