Jeevan Balmik vs The State Of Madhya Pradesh
2021 Latest Caselaw 7576 MP

              THE HIGH COURT OF MADHYA PRADESH
                          M.Cr.C.No.15083/2021
                 (Jivan Balmiki Vs. State of M.P. & Anr.)
Gwalior Bench Dated; 18.11.2021
      Shri R.K. Dubey, learned counsel for the petitioner.
      Shri Sanjay Sharma, learned Public Prosecutor for respondent

No.1/State.

Ms. Kanchan Gupta, learned counsel for respondent No.2/complainant.

With consent heard finally.

The present petition has been preferred by the petitioners under

Section 482 of the Code of Criminal Procedure, 1973 seeking quashment

of FIR registered at Crime No.93/2021 at Police Station- Janakganj,

District -Gwalior for the offence under Sections 294, 323, 506 and 34 of

IPC and subsequent proceedings, on the basis of compromise.

It appears that parties agreed to settle the matter and therefore,

joint application I.A.No.10983/2021 has been preferred at the instance of

parties and they want to settle the matter. The application is duly signed

by respective parties (power of attorney holder on behalf of complainant)

and same is supported by their affidavits.

The Principal Registrar of this Court has duly verified the parties,

contents of application, intent and signatures of parties. Report is

attached, same is perused and it appears that compromise has been

reached between the parties voluntarily without any threat, inducement

and coercion.

Learned counsel for the respondent No.1/State opposed the prayer

and prayed for rejection of the petition.

Counsel for the complainant argued in support of petitioners' prayer for compromise. He referred power of attorney and affidavit filed

by the complainant is ready to settle the matter.

Heard learned counsel for the parties at length and perused the

documents appended thereto.

A Lean Compromise is better than a Fat Law Suit, instant

efforts of the parties indicate the same. It is expected that their bonafide

gestures would continue.

The Hon'ble Supreme Court in catena of judgments Jagdish

Channa & others Vs. State of Haryana & another, AIR 2008 SC

1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969,

Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh &

others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others

Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs.

State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias

Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat

and another, (2017) 9 SCC 641, laid down that even in non-

compoundable cases on the basis of compromise, criminal proceedings

can be quashed so that valuable time of the court can be saved and

utilized in other material cases.

After hearing learned counsel for the parties and taking into

account the law laid down by the Apex Court, in the opinion of this

Court, continuance of trial in such matter will be a futile exercise which

will serve no purpose. Under such a situation, section 482 Cr.P.C. can be

justifiably invoked to prevent abuse of the process of law and wasteful

exercise by the courts below.

To preserve the resources and bonhomie created between the

parties arises out of settlement, in the interest of justice, application for

compromise vide I.A. No.10983/2021 is allowed because no fruitful

purpose would be served in continuation of trial. Thus, parties are

permitted to compound the offence.

Resultantly, the petition is allowed. FIR registered at Crime

No.93/2021 at Police Station- Janakganj, District -Gwalior for the

offence under Sections 294, 323, 506 and 34 of IPC and other criminal

proceedings in furtherance thereto, if any, are hereby quashed.

Petition stands allowed and disposed of in above terms.

                                                                                                         (Anand Pathak)
  Ashish*                                                                                                    Judge

ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA

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RASIA CHAURASIA Date: 2021.11.18 19:27:42 +05'30'