Madhya Pradesh High Court
Vinod Kumar Yadav vs The State Of Madhya Pradesh on 17 June, 2021
Author: Anand Pathak
THE HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.44176/2019
Vinod Kumar Yadav Vs. State of M.P. & Anr.
Gwalior Bench Dated; 17.06.2021
Shri Girraj Soni, learned counsel for the petitioner.
Shri B.M. Shrivastava, learned PP for the respondent/State.
Shri Poonam Soni, 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.517/2018 at Police Station
Bhind, for the offence under Sections 452, 354, 323, 294, 506, 34 of
IPC on the basis of compromise.
It is the submission of counsel for the parties that they intend to
enter into the compromise therefore, application under Sections 320
of Cr.P.C. by way of I.A. No.8380/2019 has been preferred jointly by
both the parties. 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. Further under the direction of this Court, an
amount of Rs.15,000/- has already been deposited by the petitioner in
favour of Army Central Welfare Fund having A/C
No.520101236373338 of Corporation Bank, Chandani Chowk
Delhi. Deposit receipt of the same is on record.
THE HIGH COURT OF MADHYA PRADESH
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
Sections 452, 354 of IPC, therefore, permission to compound the
offence is 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.
THE HIGH COURT OF MADHYA PRADESH
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.8380/2019 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.517/2018 at Police Station Bhind, for the offence under Sections
452, 354, 323, 294, 506, 34 of IPC and subsequent proceedings thereto
stand quashed against the petitioner.
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
KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURASI st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d068
b51dae27e84c266b09d283f0799e67cdc
YA
7df50f, cn=ANIL KUMAR CHAURASIYA
Date: 2021.06.18 08:40:53 -07'00'
