Jaideep Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3140 MP

         THE HIGH COURT OF MADHYA PRADESH
                         1                        M.Cr.C.No.52904/2020


               Jaideep Singh Vs. State of M.P. & Anr.
Gwalior Bench Dated; 09.07.2021
      Shri Prashant Sharma, learned counsel for the petitioner.
      Shri B.S. Gaur, learned PL for respondent No.1/State.

Shri Ajeet Sharma, learned counsel for respondent No.2. With consent heard finally through video-conferencing.

The present petition has been preferred by the petitioner under

Section 482 of the Code of Criminal Procedure, 1973 seeking

quashment of FIR registered at Crime No.12/2020 at Police Station

Crime Branch District Gwalior, for the offence under Sections 354,

294 of IPC on the basis of compromise.

It is the submission of counsel for the parties that both the

parties want to settle the matter and they want to bury the dispute once

and for all. Both the families know each other and it was just

communication gap which later on realized by the parties. They intend

to enter into the compromise therefore, application under Sections

320(2) of Cr.P.C. by way of I.A. No.25386/2020 has been preferred by

the parties jointly. Parties fairly submit that they want to give peace a

chance and for that they want to settle their dispute inter se. Under the

direction of this Court, the factum of compromise entered into between

the parties has been verified by the Principal Registrar of this Court

and according to the said report, parties settled the matter and intended

to compromise the matter.

Parties intend to serve the society in meaningful manner to THE HIGH COURT OF MADHYA PRADESH

purge their guilt and to reform themselves from their inner soul,

therefore, expressed their desire to perform community service to

serve any National/Social/Environmental cause.

A Lean Compromise is better than a Fat Law Suit, instant

efforts of the parties indicate the same. It is expected that their bona

fide gestures would continue.

The Hon'ble Supreme Court in catena of judgments Jagdish

Channa & others Vs. State of Haryana & another, AIR 2008 SC

1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC

1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder

Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi

and others Vs. State of Haryana and another (2003) 4 SCC 675,

Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai

Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State

of Gujarat and another, (2017) 9 SCC 641, laid down that even in

non-compoundable cases on the basis of compromise, criminal

proceedings can be quashed so that valuable time of the court can be

saved and utilized in other material cases.

After hearing learned counsel for the parties and taking into

account the law laid down by the Apex Court, in the opinion of this

Court, continuance of trial in such matter will be a futile exercise

which will serve no purpose. Further the ingredients are mainly under

Section 354 of IPC, therefore, permission to compound the offence is THE HIGH COURT OF MADHYA PRADESH

accorded. Under such a situation, section 482 Cr.P.C. can be justifiably

invoked to prevent abuse of the process of law and wasteful exercise

by the courts below.

To preserve the resources and bonhomie created between the

parties arises out of settlement, in the interest of justice, application for

compounding the offence vide I.A.No.25386/2020 is allowed because

no fruitful purpose would be served in continuation of trial. Thus,

parties are permitted to compound the offence.

Resultantly, the petition is allowed. FIR registered at Crime

No.12/2020 at Police Station Crime Branch District Gwalior, for the

offence under Sections 354, 294 of IPC and subsequent proceedings

thereto (RCT No.3074/2020 pending before JMFC Gwalior) stand

quashed against the petitioner.

As per the expression and interest, petitioner is directed to

deposit Rs.10,000/- in favour of Army Central Welfare Fund

having A/C No.520101236373338 of Corporation Bank, Chandani

Chowk Delhi.

As per undertaking, petitioner is directed to serve society by

way of providing self-help books with reformatory contents to the jail

inmates of all District Jails/Sub-jails of Territorial jurisdiction of this

Court (Gwalior Bench) so that those books can be read by the jail

inmates for their self-amelioration, reformation and bringing positive

approach in their disposition which shall be helpful after serving their THE HIGH COURT OF MADHYA PRADESH

jail sentences and coming back into the main stream. District Judges,

Jail authorities and Legal Aid Officer of M.P. High Court, Bench

Gwalior are requested to cooperate in this regard.

Principal Registrar of this Court is directed to send a copy of

this order to the Chief of Defence Staff/Ex-officio Secretary to the

Department of Military Affairs in Ministry of Defence, North

Block New Delhi for information purpose about the thoughtfulness of

petitioner towards National Cause.

Petition stands allowed and disposed of in above terms subject

to aforesaid conditions.

                                                                     (Anand Pathak)
Anil*                                                                    Judge

        ANIL      Digitally signed by ANIL KUMAR
                  CHAURASIYA
                  DN: c=IN, o=HIGH COURT OF


        KUMAR
                  MADHYA PRADESH BENCH
                  GWALIOR, ou=HIGH COURT OF
                  MADHYA PRADESH BENCH
                  GWALIOR, postalCode=474001,

        CHAURAS   st=Madhya Pradesh,
                  2.5.4.20=8512f40a1a9eaa50b6802
                  d068b51dae27e84c266b09d283f07


        IYA
                  99e67cdc7df50f, cn=ANIL KUMAR
                  CHAURASIYA
                  Date: 2021.07.10 07:57:34 -07'00'