Avdhesh Singh Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2730 MP

                                   1                           MCRC-40180-2020
         The High Court Of Madhya Pradesh
                   MCRC-40180-2020
    (AVDHESH SINGH TOMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Gwalior, Dated : 26-06-2021
       Heard through Video Conferencing.
       Shri Arvind Singh Chauhan, learned counsel for petitioners.
       Shri R.K. Awasth, learned Public Prosecutor the respondents-State.

Shri Arvind Sharma, learned counsel for respondent No.3. T his petition under section 482 of Cr.P.C. has been filed by the

petitioners seeking quashment of proceedings of Crime No.339/2018 registered by Police Station Gwalior, District Gwalior for the offence punishable under Sections 323, 294, 506, 34 of IPC.

It is submitted by learned counsel for the petitioners that respondent No.3 has entered into a compromise with the petitioners and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.

Along with the petition under Section 482 of Cr.P.C, I.A.No.5708/2021 and I.A.No.5710/2021, applications under Sections 320(2) and 320 of the

CrPC filed by respondent No.3 and the petitioners respectively. The applications are duly signed and supported by affidavit.

In compliance of the order dated 28/3/2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statements of respondent No.3-Dhyanendra Singh Tomar, S/o- Shri Jagat Singh Tomar, Complainant/Victim- Santosh Devi Tomar, W/o-Shri Jagat singh Tomar, as well as petitioner No.1 Avdhesh Singh Tomar, S/o-Shri Mardan Singh Tomar, petitioner No.2- Ramashankar Singh Tomar, S/o-Shri Mardan Singh Tomar, petitioner No.3- Madhu Tomar, W/o-Ramashankar Singh Tomar, and has submitted a report that the parties have arrived at compromise voluntarily without any fear or force. The verification report further states that as per section 320 CrPC, the offence 2 MCRC-40180-2020 under Sections 323, 506, 34 of IPC are compoundable, but section 294 of IPC is not compoundable.

In the light of the judgments passed by the Supreme Court in the cases of Gian Singh vs. State of Punjab, [(2012) 10 SCC 303] and Narinder Singh & Ors. vs. State of Punjab & Anr., [(2014) 6 SCC 466] , and considering the fact that the parties have resolved their dispute as well as the

nature of offence which cannot be said to be an offence against the society at large, FIR registered by Police Station Gwalior, District Gwalior for the offence punishable under Sections 323, 294, 506, 34 of IPC and all other consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* Pawan Kumar 2021.06.26 17:16:05 +05'30'