Madhya Pradesh High Court
Saurabh Vadhwani vs The State Of Madhya Pradesh on 1 December, 2021
Author: Anand Pathak
1 MCRC-35569-2021
The High Court Of Madhya Pradesh
MCRC No. 35569 of 2021
(SAURABH VADHWANI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 01-12-2021
Shri Anoop Kumar Gupta, learned counsel for the petitioners.
Shri Devendra Choubey, learned Public Prosecutor for respondent
No.1/State.
Shri Suresh Agarwal, learned counsel for respondent
No.2/complainant.
The present petition has been preferred by the petitioners under
Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of
FIR registered at Crime No.0036/2021 at Police Station- Hujrat Kotwali,
District -Gwalior for the offence under Sections 420 and 34 of IPC and
subsequent proceedings, on the basis of compromise.
It appears that parties agreed to settle the matter and therefore, joint
application I.A.No.31358/2021 has been preferred at the instance of parties
and they want to settle the matter. The application is duly signed by
respective parties (power of attorney holder on behalf of complainant) and
same is supported by their affidavits.
The Principal Registrar of this Court has duly verified the parties,
contents of application, intent and signatures of parties. Report is attached,
same is perused and it appears that compromise has been reached between
the parties voluntarily without any threat, inducement and coercion.
Petitioners expressed their desire to serve National/Social cause to purge their
misdeeds and/ or to express gratitude for institutions which served their
cause.
Learned counsel for the respondent No.1/State opposed the prayer and
prayed for rejection of the petition.
Counsel for the complainant argued in support of petitioners' prayer
for compromise. He referred power of attorney and affidavit filed by the
complainant is ready to settle the matter.
2 MCRC-35569-2021
Heard learned counsel for the parties at length and perused the
documents appended thereto.
A Lean Compromise is better than a Fat Law Suit, instant efforts
of the parties indicate the same. It is expected that their bonafide 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 courts below.
To preserve the resources and bonhomie created between the parties
arises out of settlement, in the interest of justice, application for compounding
the offence vide I.A. No.31358/2021 is allowed because no fruitful purpose
would be served in continuation of trial. Thus, parties are permitted to
compound the offence.
Considering the suggestions and after due contemplation, it appears
that petitioners are ready to take some positive steps towards betterment of
the society and country. Therefore, they are expected to deposit Rs.
10,000/- in favour of Army Central Welfare Fund having A/C
3 MCRC-35569-2021
No.520101236373338 of Union Bank of India, Branch Chandni
Chowk, Delhi-110006, IFSC Code UBIN0530778 within 10 days from
today.
Resultantly, the petition is allowed, subject to deposit of said amount.
FIR registered at Crime No.0036/2021 at Police Station- Hujrat Kotwali
District Gwalior for the offence under Sections420 and 34 of IPC and other
criminal proceedings in furtherance thereto, if any, are hereby quashed.
Principal Registrar of this Court is directed to send a copy of this
order to the Chief of Defence Staff/ex officio Secretary to Department of
Military Affairs in Ministry of Defence, North Block, New Delhi for
information purpose about the thoughtfulness of petitioners towards National
Cause.
Petition stands allowed and disposed of in above terms.
(ANAND PATHAK)
JUDGE
neetu
NEETU
SHASHAN
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2021.12.0
2 16:18:51
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