Citation : 2021 Latest Caselaw 240 MP
Judgement Date : 25 February, 2021
The High Court of Madhya Pradesh
Bench at Indore
M.Cr.C. No.7298/2020
(Ayush Gupta & Ors. Vs. Sate of M.P. & Anr.)
Indore:25.02.2021
Shri Sanjay Saini, learned counsel for the petitioners.
Shri Siddharth Jain, learned Panel Lawyer for the respondent
No.1/State.
Shri Mukesh Kumawat, learned counsel for the respondent No.2. With the consent finally heard.
This petition is filed by the petitioners under Section 482 of Cr.P.C. Learned counsel for the petitioners submits that the petitioners and respondent No.2 jointly filed an application under Section 320(1) of Cr.P.C. which is registered as I.A. No.1459/2020. The application is supported by the affidavit of both the parties.
Both the parties have amicably settled their dispute. The Family Court, Indore in H.M.A. No.699/2015 has already passed its judgment dated 29/02/2016 and passed a decree of divorce. It is submitted that except offence under Section 498-A of IPC other offences are compoundable. Since parties have amicably settled their dispute and nature of offence doesn't have any adverse impact on the society at large the compromise may be accepted and the FIR and proceedings may be set aside.
The respondent No.2 appeared before the Court through Video Conferencing and supported I.A. No.1459/2020 and stated that she has no objection if relief prayed for is granted. Learned Counsel for the respondent No.2 identified her.
Keeping in view the nature of offence which doesn't have any adverse consequence on the society at large, I deem it proper to accept the I.A. and set aside the proceedings in Criminal Case No.27659/2014. I order accordingly.
Petition is allowed.
(Sujoy Paul) Judge pn
Preetha Nair 2021.02.26 11:00:04 +05'30'
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