Lal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7566 MP

              THE HIGH COURT OF MADHYA PRADESH
                            1
                     MCRC 53924/2019
         (LAL SINGH & ORS. VS THE STATE OF MADHYA PRADESH & ORS.)


Gwalior, Dated : 18/11/2021
     Shri R.K. Dubey, learned counsel for the petitioners.
      Shri B.P.S. Chauhan, learned Public Prosecutor for the
respondent-State.

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 registered at Crime No. 385/2016 at Police Station Madhoganj, District Gwalior for the offences punishable under sections 307, 147, 148, 149, 324, 294, 34 of IPC, on the basis of compromise stating that the dispute between the parties has been resolved and they are not inclined to pursue the matter any more.

During pendency of this petition filed under section 482 of Cr.P.C., this Court, vide order dated 06/02/2020, had directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise.

Today, learned counsel for the parties have jointly stated that the Principal Registrar of this Court in compliance of the order dated 06/02/2020 passed by this Court has verified the factum of compromise between the parties vide dated 26/02/2020 and the parties have stated that they have compromised the matter between them amicably and do not want to pursue the matter any more. The Principal Registrar of this Court in its report dated 26/02/2020 has also stated that according to section 320 of Cr.P.C., the offence punishable under section 323, 506 Part - 2 of IPC have already been THE HIGH COURT OF MADHYA PRADESH

MCRC 53924/2019 (LAL SINGH & ORS. VS THE STATE OF MADHYA PRADESH & ORS.)

compounded by the Trial Court and the offence under sections 307, 147, 148, 149, 324, 294 of IPC are not compoundable.

Learned counsel for the parties further submit that it is the

case of no injury and due to some misunderstanding, FIR has been

lodged by the complainant against them. 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 petitioners 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 THE HIGH COURT OF MADHYA PRADESH

MCRC 53924/2019 (LAL SINGH & ORS. VS THE STATE OF MADHYA PRADESH & ORS.)

2019 SC 1296, the offence as stated above cannot be compounded

under Section 482 of Cr.P.C.

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

(S.A.Dharmadhikari) JUDGE Durgekar*

Digitally signed by SANJAY NAMDEORAO

SANJAY DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

NAMDEOR COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc277

AO 608ce55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5 A13CA996C4169AB06, serialNumber=1190D1488DBA862FB108ED

DURGEKAR 66262DC2DC2CB9D310D73128B3A6E7B04 6FCF28227, cn=SANJAY NAMDEORAO DURGEKAR Date: 2021.11.23 17:23:20 +05'30'