Mukesh @ Bhonta Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 615 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                         MCRC-7487-2021
        (Mukesh @ Bhonta Yadav Vs. State of M.P. & Anr.)


Gwalior, Dated : 10/03/2021

      Shri Pawan Kumar, learned counsel for the petitioner.

      Shri Neeraj Dhamanya, learned Panel Lawyer for the

respondent/State.

Shri V.S. Kushwah, learned counsel for the complainant.

Case Diary is perused.

Learned counsel for the rival parties are heard.

This petition has been filed under Section 482 of the Cr.P.C.

seeking quashment of FIR bearing Crime No.620/2020 registered at

Police Station- Janakganj, District-Gwalior for the offence punishable

under Sections 307, 327, 294, 323 and 34 of IPC, on the basis of

compromise.

During pendency of this petition, the applicant and the

complainant had filed applications under Section 320(2) of the Cr.P.C

which were registered as IA Nos. 4074/2021 and 4075/2021 stating

therein that they have resolved the dispute amicably and now they do

not want to pursue the matter any more.

This Court, vide order dated 15/02/2021, had directed the

parties to appear before the Principal Registrar of this Court for

recording their statements and for verification of factum of

compromise. The Principal Registrar has submitted his report on

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-7487-2021 (Mukesh @ Bhonta Yadav Vs. State of M.P. & Anr.)

25/02/2021 itself and verified the factum of compromise.

Learned counsel for the petitioner as well counsel for the

complainant submit that it is the case of no injury and due to some

misunderstanding, FIR has been lodged by the complainant against

him. Thereafter, good sense prevailed between them and they have

resolved the matter and thereafter, preferred instant petition under

Section 482 of Cr.P.C. seeking compounding of the offence as referred

above. To bolster his contention, learned counsel for the petitioner

relied upon the judgment of Hon'ble Apex Court in the case of

Narinder Singh & Ors. Vs. State of Punjab & Anr. [(2014) 3 SCC

(Cri) 54] .

Learned counsel for the respondent/State opposed the prayer

and submitted that since the matter pertains to offence under Section

307 of IPC which is heinous offence, therefore, in the present case,

offence cannot be permitted to be compounded, thus, prayer of

dismissal of the petition is made.

Heard.

The case in hand pertains to offence under Section 307 of IPC.

Since the matter is of heinous offence, therefore, in view of the recent

pronouncement of Hon'ble Apex Court in the case of The State of

Madhya Pradesh Vs. Laxmi Nararyan and Others, AIR 2019 SC

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-7487-2021 (Mukesh @ Bhonta Yadav Vs. State of M.P. & Anr.)

1296, the offence as stated above cannot be compounded under

Section 482 of Cr.P.C. Accordingly, IAs preferred under Section

320(2) for compromise stands dismissed.

Resultantly, the petition under Section 482 of Cr.P.C. stands

dismissed.

(S.A. Dharmadhikari) Judge

rahul

RAHUL SINGH PARIHAR 2021.03.12 17:28:31 +05'00'