Manoj Tyagi vs Jagdish Tyagi
2021 Latest Caselaw 9130 MP

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            The High Court Of Madhya Pradesh
                   MCRC No. 60765 of 2021
              (MANOJ TYAGI AND OTHERS Vs JAGDISH TYAGI AND OTHERS)


Gwalior, Dated:-22/12/2021
       Shri Brajesh Kumar Tyagi, learned counsel for the petitioners.

       Shri Rinku Shakya, learned counsel for the respondent

No.1/complainant.

Smt. Abha Mishra, learned Public Prosecutor for the respondent

No.2/State.

This petition under Section 482 of CrPC has been filed for

quashing the FIR in Crime No. 699/2021 registered at Police Station

Joura, District Morena for the offences punishable under Sections

327, 323, 294, 506, 34 of IPC.

It is submitted by learned counsel for the petitioners that

respondent No. 1/complainant has entered into a compromise with the

petitioners therefore, the present petition has been filed for

compounding the offence on the basis of compromise.

Along with the petition, applications I.A. No. 32977/2021 and

I.A.No.32978/2021 have also been filed by the complainant-

respondent No.1 and the petitioners jointly. The application is duly

signed by both the parties and are supported by affidavits of respective

parties.

In compliance of the order dated 09/12/2021 passed by this

Court, the factum of compromise has been verified by the Principal

Registrar of this Court, who has recorded statement of

complainant/respondent No.1 Jagdish Tyagi S/o Late Shri Shyamlal

The High Court Of Madhya Pradesh MCRC No. 60765 of 2021 (MANOJ TYAGI AND OTHERS Vs JAGDISH TYAGI AND OTHERS)

Tyagi as well as accused/petitioner No.1 Manoj Tyagi, petitioner No.2

Pradeep Tyagi, petitioner No.3 Lakhan Tyagi and petitioner No.4

Inderlal Tyagi 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 323, 506, 34 of I.P.C. are compoundable

but section 294 and 327 of I.P.C. are not compoundable.

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

the cases of Gian Singh vs. State of Punjab, [(2012) 10 SCC 303]

and Narinder Singh & Ors. vs. State of Punjab & Anr., [(2014) 6

SCC 466], and considering the fact that the parties have resolved their

dispute as well as the nature of offence which cannot be said to be an

offence against the society at large, FIR registered by Police Station

Joura, District Morena against the petitioners at Crime No. 699/2021

for the offences punishable under Sections 323, 327, 294, 506, 34 of

IPC and all other consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.12.23 10:49:15 +05'30'