Smt. Girja vs The State Of Madhya Pradesh
2021 Latest Caselaw 7568 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC-47413-2021
           Smt. Girja and ors. Vs. State of MP and ors.

Gwalior, Dated : 18/11/2021

      Shri Pradeep Katare, Counsel for the applicants.

      Shri A.K. Nirankari, Counsel for the respondent No. 1/State.

Shri Ashirwad Dwivedi, Counsel for respondents No. 2 and 3.

This application under Section 482 of CrPC has been filed for

quashment of FIR in Crime No.439/2021 registered at Police Station

Bhind Kotwali, District Bhind for offence under Sections 494, 420,

467, 468, 471 of IPC.

It is submitted by the counsel for the applicant that the

complainant lodged a report that his son was married to applicant No.

1 Girja on 19.04.2007. After the retirement of the complainant, he had

purchased three plots on 06.12.2007. His daughter-in-law namely

Girja started pressuring the complainant to construct a house and

when he refused to do so, then entire family was falsely implicated in

dowry case. As a result, Crime No.464/2014 has been registered. It

was further alleged that now Girja has performed second marriage

with Veer Singh in a clandestine manner, whereas his son Mukesh is

still alive and during subsistence of first marriage, spouse cannot

perform second marriage. It was further alleged that Girja is also

inclined to alienate the property of the complainant and claimed that

now she is not the wife of son of the complainant, but now she is the

wife of Veer Singh with whom she has performed second marriage.

It is submitted that it appears that the dispute between the

THE HIGH COURT OF MADHYA PRADESH MCRC-47413-2021 Smt. Girja and ors. Vs. State of MP and ors.

parties is a family dispute. The parties have compromised the matter

and they do not want any further investigation in the case.

This Court by order dated 23.09.2021 had directed the

authorities to appear before the Principal Registrar of this Court for

verification of compromise. The Principal Registrar after recording the

statement of the witnesses have given the following report:-

"After verifying from Complainant/Respondent No. 2 Ramchandra Kausal, No. 3 Mukesh and accused/petitioner No. 1 to 5 Smt. Girja, Veer Singh, Ramsevak Bansal, Smt. Kamla and Dhamm Jyoti @ Rajendra present before me that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the offence U/S 494, 420 of IPC are compoundable with permission to the Court. But U/S 467, 468, 471 of IPC are not compoundable."

Since the dispute is a personal dispute and it appears to be a

family dispute and the parties have compromised the matter and in

view of the judgments passed by the Supreme Court in the case of

Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303 and

Narinder Singh and others Vs. State of Punjab reported in (2014) 6

SCC 466, FIR in Crime No.439/2021 registered at Police Station

Bhind Kotwali District Bhind for offence under Sections 494, 420,

467, 468, 471 of IPC is hereby quashed on the basis of compromise.

Accordingly, the application is allowed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.11.22 18:16:15 +05'30'