Rajendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 269 MP

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        THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.8513/2021
    Rajendra Singh and others Vs. State of M.P. and another

Gwalior, Dated:26/02/2021

      Shri Vijay Singh Jadon, Advocate for applicants.

      Shri BPS Chauhan, Public Prosecutor for respondent

no.1/State.

None for respondent no.2.

This application under Section 482 of Cr.P.C. has been filed for

quashment of FIR in Crime No.146/2016 registered at Police Station

Mahila Thana Gwalior as well as order dated 27/1/2021 passed in

RCT No.6370/2016, by which the trial court has partially allowed the

application filed under Section 320 of Cr.P.C. and has compounded

the offence punishable under Sections 323 and 506 Part-II of IPC, but

rejected the application for offence under Section 498-A, 294 of IPC

and Section 3/4 of the Dowry Prohibition Act on the ground that they

are non-compoundable.

This Court by order dated 12/2/2021 had directed the parties to

appear before the Principal Registrar of this Court on 15/2/2021 for

verification of the fact of compromise. The Principal Registrar after

recording the statements of the witnesses has submitted the following

report:

"After verifying from Complainant / Respondent No.2 Smt. Kavita Jatav W/o Shri

Rajendra singh, No.2 Beer Singh No.3 Smt.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.8513/2021 Rajendra Singh and others Vs. State of M.P. and another

Mamta Jatav & No. 4 Smt. Harko bai that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the offence U/S 323, 506, 34 of IPC is Compoundable. But U/s 498A, 294 of IPC, Sec 4 of DP Act are not compoundable."

Thus, it is clear that the parties have entered into a compromise

on the terms and conditions, agreed upon by them.

Considering the report submitted by the Principal Registrar of

this Court regarding the voluntariness of the parties to enter into the

compromise, coupled with the judgments passed by the Supreme

Court in the case of Gian Singh vs. State of Punjab reported in

(2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab

& Anr. reported in (2014) 6 SCC 466, this application under Section

482 of CrPC is hereby allowed.

FIR in Crime No.146/2016 registered at Police Station Mahila

Thana, District Gwalior for offence under Sections 498-A, 294, 323,

506, 34 of IPC and under Section 4 of Dowry Prohibition Act as well

as Criminal Case No.6370/2016 pending before the Court of JMFC,

Gwalior are hereby quashed and the applicants are acquitted.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.02.27 15:19:41 +05'30'