Lalaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 606 MP

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            The High Court Of Madhya Pradesh
                      MCRC-8165-2021
      (LALARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated:-10/03/2021
       Shri Rajmani Bansal, learned counsel for the petitioners.

       Shri B.M. Shrivastava, learned Public Prosecutor for the

respondent No.1/State.

Shri Neeraj Dhamaniya, learned counsel for respondents No.2 to

5. I.A. No.4395/2021, an application for urgent hearing is taken up,

considered and allowed for the reasons mentioned therein.

This application under Section 482 of CrPC has been filed for

quashing the FIR in Crime No. 829/2020 registered at Police Station

Aron, District Guna for the offences punishable under Sections 324,

323, 294, 506, 34 and added section 326 of I.P.C.

It is submitted by learned counsel for the petitioner that

respondents No.2 to 5 have 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, application I.A. No. 4394/2021, an

application under Section 320 of Cr.P.C. has also been filed by the

respondents No.2 to 5 and the petitioners jointly. The application is duly

signed by both the parties and is supported by affidavits of respective

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 statements of

The High Court Of Madhya Pradesh MCRC-8165-2021 (LALARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

complainants/respondent No.2-Dhapo Nayak, respondent No.3-Prem

Singh, respondent No.4-Baijanti Banjara and respondent No.5-Puna Bai

as well as accused/petitioner No.1-Lalaram, petitioner No.2-Rajkumar

and petitioner No.3-Rakesh Nayak and has submitted a report that the

parties have arrived at compromise voluntarily without any threat,

inducement and coercion. The verification report further states that as

per Section 320 of CrPC, the offences under Sections 323, 506 of I.P.C.

are compoundable but sections 294, 324, 326, 34 of I.P.C. are 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

Aron, District Guna against the petitioners at Crime No.829/2020 for

the offences punishable under Sections 324, 323, 294, 506, 34 and

added section 326 of I.P.C. and all other consequential proceedings are

hereby quashed.

Petition stands allowed accordingly.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.03.15 12:20:44 +05'30'