Madhya Pradesh High Court
Sachin Dwivedi (Trivedi) vs The State Of Madhya Pradesh on 10 December, 2021
Author: Rajeev Kumar Shrivastava
MCRC-56675-2021
The High Court Of Madhya Pradesh
MCRC No. 56675 of 2021
(SACHIN DWIVEDI (TRIVEDD Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated ; 10-12-2021
Shri Rajmani Bansal, learned counsel for the petitioner.
Shri Manish Nayak, learned Panel Lawyer for the respondent No. 1/State.
Shri Harish Sharma, learned counsel for the respondents No. 2 to 4.
This petition under Section 482 of CrPC has been filed for quashing the FIR
registered in Crime No. 607/2018 at Police Station Padav, District Gwalior for the
offences punishable under Sections 420, 406, 467, 468, 471 & 120-B of IPC.
Along with the petition, an application (LA. No. 31960/2021) has also been
filed by the petitioner and complainant-respondents No. 2 to 4 jointly. The
application is duly signed by both the parties and is supported by affidavits of
respective parties.
In compliance of the order dated 18/11/2021 passed by this Court, the factum
of compromise has been verified by the Principal Registrar of this Court, who has
recorded statement of complainant/ respondents No.2 to 4- Smt. Saroj Jain, Srajan
Jain, Oshika @ Anshika Jain & Oshin Jain as well as petitioner/accused, namely,
Sachin Dwivedi (Trivedi) and has submitted a report that the parties have arrived at
compromise voluntarily without any threat, inducement and coercion. The
verification report further states that as per Section 320 of CrPC, the offences under
Sections 420, 406 of IPC are compoundable, but offences under Sections 467, 468,
471 & 120-B of IPC are not compoundable.
It is submitted by learned counsel for the petitioner that respondents No.2 to
4/complainant have entered into a compromise with the petitioner and, therefore,
the present petition has been filed for compounding the offences on the basis of
compromise. Learned counsel for the petitioner has relied upon the judgments
passed by the Hon'ble Apex Court in the cases of Salimbhai Hamidbhai Menon
Vs. Nitesh Kumar Maganbhai Patel & Anr. [Criminal Appeal No.884/2021]
and Pramod Kumar Agrawal & another Vs. State of Madhya Pradesh &
another [AIR 2021 SC 2926]. On the basis of aforesaid facts of the case and in the
MCRC-56675-2021
light of above cited judgments, learned counsel for the petitioner prays for allowing
this petition by quashing the FIR in question and all consequential proceedings
arising out of it.
Heard learned counsel for the parties and perused the documents available
on record as well as verification report submitted by Principal Registrar of this
Court.
It is apparent from verification report of the Principal Registrar, that the
offences under Sections 467, 468, 471 & 120-B of IPC are not compoundable.
Therefore, looking to the facts and circumstances of the case as well as nature and
gravity of offence, it would not be appropriate to quash the FIR for the offences
under Sections 467, 468, 471 & 120-B of IPC.
Consequently, this petition under Section 482 of Cr.P.C. is partly allowed
and the FIR registered in Crime No. 607/2018 at Police Station Padav, District
Gwalior and all proceedings flowing from it so far as it relates to offences under
Sections 420 and 406 of IPC are hereby quashed and the petitioner is acquitted
from Sections 420 and 406 of IPC on the basis of compromise arrived at between
the parties.
Accordingly, the trial Court is directed to continue the trial against the
petitioner for the remaining offences i.e. Sections 467, 468, 471 & 120-B of IPC, in
accordance with law.
With aforesaid observation, present petition stands disposed of.
A copy of this order be sent to the trial Court concerned for necessary
information.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
Shubhankar*
. Digitally signed by
HUBHANKAR MISHRA
Raa
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