Poonam vs The State Of Madhya Pradesh
2021 Latest Caselaw 438 MP

                                   1                            MCRC-9150-2020
        The High Court Of Madhya Pradesh
                  MCRC-9150-2020
         (POONAM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Gwalior, Dated : 03-03-2021
      Smt. Uma Kushwaha, learned counsel for petitioners.
      Shri Dheeraj Budolia, learned Panel Lawyer for the State.
      Shri Girraj Soni, learned counsel for respondent No.2.

This petition under section 482 of Cr.P.C. has been filed by the petitioners seeking quashment of proceeding of Crime No.173/2014

registered by Police Station Dabra, District Gwalior for the offence punishable under Sections 498-A, 506, 34 of IPC.

It is submitted by learned counsel for the petitioners that respondent No. 2/complainant 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, both the parties have jointly filed I.A.No.2070/2020, by the complainant-respondent No.2 and the petitioners jointly. The applications are duly signed by both the parties.

In compliance of the order dated 15.02.2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent No.2 Prity, D/o Dharmdas as well as petitioner No.2/accused Shyambabu S/o Prem Babu, petitioner No.3/accused- Yogesh Verma, S/o Prem Babu, petitioner No.4/accused- Pramod S/o Prem Babu, petitioner No.5/accused- Basanti Karmaeeyaa, W/o Prem Babu and petitioner No.6/accused-Prem Babu S/o Dhaniram 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 under Sections 506, 34 of IPC are compoundable, but section 498-A of IPC is not compoundable.

2 MCRC-9150-2020 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 Dabra, District Gwalior against the petitioners at Crime No. 173/2014 for the offences punishable under Sections 498-A, 506, 34 of IPC and all other consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* Pawan Kumar 2021.03.03 13:57:39 +05'30'