Nagesh Mangalkar And Anr. vs Police Thana
2021 Latest Caselaw 8289 MP

     1          HIGH COURT OF MADHYA PRADESH :
                         BENCH AT INDORE
                         MCRC No.1555/2012
                 Nagesh Mangalkar & Anr. Vs. State of MP

     Indore: Dated:-06/12/2021:-

Shri A.S. Garg, learned Senior Counsel with Ms. Poorva Mahajan, learned counsel for the applicants.

Shri Vishal Sharma, learned counsel for the complainant. Shri Shaswat Seth, learned Panel Lawyer for the State. This is an application under Section 482 of Cr.P.C. seeking quashment of FIR in Crime No.691/2011. During the pendency of this petition, IA No.6381/2019 is filed with the prayer that compromise entered into between the parties may be accepted.

This Court on 23/07/2018 directed the Principal Registrar to verify the factum of compromise. In turn, by office note dated 13/08/2018, the Principal Registrar verified the factum of compromise. It is recorded that compromise is voluntary, without any threat, inducement and coercion. The parties have amicably resolved their dispute with mutual consent. It was further verified that it is a voluntary act on the part of the parties. However, it is mentioned that offences under Section 406, 420, 467, 468 of IPC are not compoundable offences. Report was accordingly submitted.

Shri AS Garg, learned Senior Counsel submits that true it is that said offences are not compoundable. However, the nature of alleged crime does not have any impact on the society at large. In the light of the order of Supreme Court reported in (2019) 4 SCC 456 (Srinivasan Iyenger & Anr. vs. Bimla Devi Agrawal & Ors.), the relief may be granted.

As noticed above, the certain offences are not compoundable. The learned counsel has placed reliance on the said judgment of Supreme Court perusal of which shows that the Apex Court has exercised its power under Article 142 of the Constitution to meet ends of justice. I deem it proper to direct the parties to address on this point whether in the factual backdrop of this case, the similar power can be exercised by this Court.

List in the next week.

(SUJOY PAUL) JUDGE soumya Digitally signed by SOUMYA RANJAN DALAI Date: 2021.12.07 17:47:53 +05'30'