Madhya Pradesh High Court
Ashish Chaudhary vs The State Of Madhya Pradesh on 1 December, 2021
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48820/2021
(Ashish Chaudhary and others Vs. State of M.P. and another)
Gwalior, Dated: 01.12.2021
Shri Ankur Dixit, counsel on behalf of Shri Pallav Tripathi,
learned counsel for the applicant.
Shri N.S. Tomar, learned PP for the respondent/State.
Shri Sanjeev Kumar Mishra, learned counsel for the
respondent No.2.
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.75/2018 at
Police Station- Mahila Thana, District -Gwalior for the offence
under Sections 498-A, 506 of IPC, Section 4 of Dowry
Prohibition Act and subsequent proceedings, on the basis of
compromise.
It appears that parties agreed to settle the matter and
therefore, applications vide I.A. No.29415/2021 and I.A.
No.29416/2021 have been preferred at the instance of parties and
they want to settle the matter. The applications are duly signed by
respective parties (power of attorney holder on behalf of
complainant) and same are supported by their affidavits.
The Principal Registrar of this Court has duly verified the
parties, contents of applications, 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.
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.29415/2021 and I.A. No.29416/2021 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. 5,000/- in favour of Army Central
Welfare Fund having A/C 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 the
said amount. FIR registered at Crime No.75/2018 at Police
Station- Mahila Thana, District -Gwalior for the offence under
Sections 498-A, 506 of IPC, Section 4 of Dowry Prohibition Act
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 petitioner towards National Cause.
Petition stands allowed and disposed of in above terms.
(Anand Pathak)
Rashid Judge
RASHID KHAN
2021.12.02
18:29:16 +05'30'
