Santosh Lakhera vs The State Of Madhya Pradesh
2021 Latest Caselaw 3985 MP

   1    THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.13944/2021
    Santosh Lakhera and others Vs. State of M.P. and another

                 Through Video Conferencing
Gwalior, Dated:5/08/2021

       Shri Gaurav Mishra, Advocate for applicants.

       Shri Ravi Ballabh Tripathi, Panel Lawyer for respondent

no.1/State.

Shri M.S. Yadav, Advocate for respondent no.2.

This application under Section 482 of Cr.P.C. has been filed

against the order dated 11/1/2020 passed by JMFC, Karera, District

Shivpuri in RCT No.1152/2017, by which the joint application filed

by the applicants and respondent no.2 under Section 320 of Cr.P.C.

has been partially allowed and instead of quashing the entire criminal

proceedings arising out Crime No.149/2017, the Trial Magistrate has

rejected the application in respect of offence under Sections 498-A,

294 of IPC and Section 3/4 of the Dowry Prohibition Act on the

ground that they are not compoundable and the offence under

Sections 323 and 506 Part-II of IPC was compounded and the

applicants have been acquitted for the aforesaid offence.

It is submitted by the counsel for the applicants that the

applicants are facing trial for offence under Sections 498-A, 323,

294, 506 Part-II of IPC and under Section 3/4 of the Dowry

Prohibition Act.

Heard the learned counsel for the parties.

By order dated 7/7/2021 this Court had directed the parties to 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13944/2021 Santosh Lakhera and others Vs. State of M.P. and another

appear before the Principal Registrar of this Court on 22/7/2021 for

verification of factum of compromise. The Principal Registrar of this

Court has submitted his report, which is as under:-

"After verifying from Complainant/Respondent No.2 Smt. Bhawna D/o Shri Hariniwas Lakhera and Accused/Petitioners No.1 to 5 Santosh, Suresh, Smt. Seeta, Smt. Seema and Ayodhya Prasad that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the offence U/S 323, 506, 34 of IPC has already been compounded by the Trial Court. But U/s 498A, 294 of IPC and Sec.3/4 of Dowry Prohibition Act are not compoundable."

In the light of the judgment passed by the Supreme Court in the

case of Gian Singh Vs. State of Punjab reported in (2012) 10 SCC

303 and Narinder Singh and Ors. Vs. State of Punjab & Anr.

reported in (2014) 6 SCC 466 as well as in the light of the report

submitted by the Principal Registrar of this Court, this Court is of the

considered opinion that it is a fit case for quashment of proceedings

for offence under Sections 498-A, 294 of IPC and Section 3/4 of the

Dowry Prohibition Act. Accordingly, the further proceedings in RCT

No.149/2017 for offence under Sections 498-A, 294 of IPC and

under Section 3/4 of the Dowry Prohibition Act are quashed. The 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13944/2021 Santosh Lakhera and others Vs. State of M.P. and another

applicants stand acquitted for the above-mentioned offences.

Accordingly, the application succeeds and is hereby allowed.

(G.S. Ahluwalia) Judge Arun*

ARUN KUMAR MISHRA 2021.08.06 14:39:05 +05'30'