Madhya Pradesh High Court
Matadeen Dhakad vs The State Of Madhya Pradesh on 26 June, 2021
Author: Anand Pathak
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.10453/2021
Matadin Dhakar & Anr. Vs. State of M.P. & Anr.
Gwalior Bench Dated; 26.06.2021
Shri S.S.Rajput, learned counsel for the petitioners.
Shri Kuldeep Singh, learned Public Prosecutor for respondent
No.1/State.
Shri J.K.Tyagi, learned counsel for respondent
No.2/complainant.
With consent heard finally through video-conferencing.
The present petition has been preferred by the petitioners under
Section 482 of the Code of Criminal Procedure, 1973 seeking
quashment of FIR registered at Crime No.4/2021 at Police Station
Cantt, District Guna for the offence under Sections 420 of IPC and
subsequent proceedings, on the basis of compromise.
It appears that parties agreed to settle the matter and therefore,
joint applications vide I.A.No.5625/2021 has been preferred at the
instance of parties and they want to settle the matter. The application is
duly signed by respective parties (power of attorney holder on behalf
of complainant) and same is supported by their affidavits.
The Principal Registrar of this Court has duly verified the
parties, contents of application, intent and signatures of parties. Report
is attached, same is perused and it appears that compromise has been
reached between the parties voluntarily without any threat, inducement
and coercion.
Learned counsel for the respondent No.1/State opposed the
prayer and prayed for rejection of the petition.
Counsel for the complainant argued in support of petitioners'
prayer for compromise. He referred power of attorney and affidavit
filed by the complainant is ready to settle the matter.
Heard learned counsel for the parties at length through VC and
considered the arguments advanced by them.
This Court vide order dated 8/1/2021 gave suggestions to the
petitioner to rise to the occasion and try to make some efforts and
sincere endeavours for betterment of the country and environment.
Considering the suggestions and after due contemplation, it appears
that parties are ready to take some positive steps towards betterment of
the society and city. Therefore, they are ready to deposit Rs. 10,000/-
each in favour of Army Central Welfare Fund having A/c No.
520101236373338 of Corporation Bank, Chandani Chowk, Delhi.
A Lean Compromise is better than a Fat Law Suit, instant
efforts of the parties indicate the same. It is expected that their
bonafide 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. 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.5625/2021 is allowed because
no fruitful purpose would be served in continuation of trial. Thus,
parties are permitted to compound the offence.
At this juncture, this Court records appreciation for the
petitioner by which he thought about national cause.
Resultantly, the petition is allowed. FIR registered at Crime
No.4/2021 at Police Station Cantt, District Guna for the offence under
Section 420 of IPC and other criminal proceedings in furtherance
thereto, if any, are hereby quashed subject to depositing a sum of
Rs.10,000/- each by the parties in favour of Army Central Welfare
Fund within two weeks from the date of passing of this order.
Principal Registrar of this Court is directed to send a copy of
this order to the Chief of Defence Staff/ex officio Secretary to
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.
(Anand Pathak)
Ashish* Judge
ASHISH
CHAURASIA
2021.06.29
14:36:41
+05'30'
