D.K. Jain vs State Of M.P.
2021 Latest Caselaw 6485 MP

1                                                     M.Cr.C.No.5025-2021


    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                       M.Cr.C.No.5025-2021

       (D.K. Jain vs. State of Madhya Pradesh & one another)
Indore, Dated: 07/10/2021
       Petitioner-D.K. Jain and the respondent No.2-Hastimal are
present in person.
                         ORDER

This petition has been filed by the petitioner under Section

482 of the Cr.P.C. for quashing the proceedings pending in the

JMFC Mandsaru in MJC No.714/1997 and the First Information

Report of Crime No.529/2020 at police Station Kotwali

Mandsaur under Section 406 of the IPC.

Brief facts of the case are, that the petitioner, who is a

retired Dy. Superintendent of Police, was a victim of theft while

he was in service in the year 1990 and a case was registered at

Criminal Case No.447/1996 for offences under Sections 457,

380 and 411 of the IPC and charge sheet was filed against

accused persons viz; Premshankar, Hariom Mahesh and

Hastimal Jain (respondent No.2).

Pursuant to which, the criminal case No. 447/1996 was

tried in the court of JMFC Mandsaur, who found the accused

persons guilty and convicted them vide its judgment dated

29.11.1996. The aforesaid judgment was the subject matter of

the appeal in Criminal Appeal No. 230/1996 preferred by the

accused persons before the First Additional Sessions Judge,

Mandsaur who, vide its judgment dated 17.1.1997 allowed the

said criminal appeal and acquitted the accused persons.

It is further the case of the petitioner that during the

investigation of the said crime, 30 grams of gold which was

allegedly stolen from the petitioner's house was recovered from

the respondent No.2 Hastimal Jain and same was given to the

petitioner on interim custody by the learned trial Court.

However, after the judgment of acquittal was passed by the

lower appellate court, the respondent No.2 Hastimal Jain filed

an application under Section 452 of the Cr.P.C. which was

registered at MJC No.1/1997 for supurdagi of the aforesaid 30

grams gold which was given to the petitioner on interim

custody. The said application was allowed by the First

Additional Sessions Judge Mandsaur vide its order dated

13.3.1997 and the gold was directed to be returned to the

respondent No.2-Hastimal Jain.

The case of the petitioner is that he was never served any

notice of the aforesaid order passed regarding return of the gold,

on account of his frequent transfer as he was in police service

and thus, he could not be served, hence, a First Information

Report was directed to be registered against the petitioner at

crime No. 529/2020 on 5.11.2020 and when the petitioner came

to know about lodging of the aforesaid FIR, he appeared before

the lower court concerned, giving reasons for his non-

appearance and also stated that there was no intention of

misappropriation of the said gold which he obtained on

Supurdagi (interim custody) during the course of the trial.

The petitioner submits that he has amicably settled the

matter with the respondent No.2, who has also no objection if

the case is closed. However, the petitioner's revision in this

regard filed before the First Additional Sessions Judge,

Mandsaur was rejected vide its order dated 25.1.2020.

Petitioner-D.K.Jain submits that he is a retired Dy.

Superintendent of Police aged about 66 years and has never

been involved in any criminal case, and at this stage of his life,

the lodging of the FIR would cause irreparable injury not only

to his reputation but also to his family members as well.

On a query made by this Court, Respondent No.2-

Hastimal Jain, who is present in person, he also submits that he

has no objection if the case is closed as he has settled the matter

and does not wish to prosecute the case any further.

On due consideration of the aforesaid submissions, and on

perusal of the record as also the case diary provided by the

office of the Additional Advocate General, this Court finds force

with the contention raised by the petitioner.

Thus, considering the aforesaid facts and circumstances of

the case, this Court is of the considered opinion that keeping the

criminal case and the FIR pending for final adjudication would

only result in wastage of valuable time of the trial court,

specially when the matter appears to be trivial in nature and the

parties have already amicably settled the same.

Resultantly, the present Miscellaneous Criminal Case is

hereby allowed and MJC No.714/1997 as also the FIR lodged at

Crime No.529/2020 at police station Kotwali Mandsaur under

Section 406 of the IPC and other consequential proceedings are

hereby quashed and the petitioner is hereby discharged.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni/rcp

RAMESH CHANDRA PITHWE 2021.10.13 14:42:09 +05'30'