Komal Singh Parihar vs Uma Nayak
2021 Latest Caselaw 6856 MP

                                     1                        MCRC-12160-2019
          The High Court Of Madhya Pradesh
                    MCRC-12160-2019
                         (KOMAL SINGH PARIHAR Vs UMA NAYAK)

5
Gwalior, Dated : 26-10-2021
         Shri Tapendra Sharma, learned counsel for the petitioner.
         Shri G.P. Chourasiya, learned Public Prosecutor for respondent No.1-

State.

Shri Amit Arjariya, learned counsel for respondent No.2. This petition under section 482 of Cr.P.C. is filed seeking quashment

of order dated 12/1/2019 passed by Fifth Additional Sessions Judge, Shivpuri in Criminal Revision No.121/2018 affirming the order dated 2/8/2018 passed by JMFC Shivpuri in case No.524/2018 whereby cognizance has been taken under Section 323 of the IPC against the petitioner.

Learned counsel for the rival parties are heard. Along with the petition, application I.A.No.1159/2020 has also been filed by the complainant-respondent No.2 and the applicant jointly. The application is duly signed by both the parties and is supported by affidavits of respective parties.

In compliance of the order dated 17/3/2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant Uma Nayak W/o Amit Arjariyia as well as the accused/applicant Smt. Komal Singh W/o Ajya Thakur and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 320 of CrPC, the offence under Section 323 of I.P.C. is compoundable.

In the light of the judgments passed by the Supreme Court in the cases of Gian Singh vs. State of Punjab, [(2012) 10 SCC 303] and Narinder Singh & Ors. vs. State of Punjab & Anr., [(2014) 6 SCC 466] , and considering the fact that the parties have resolved their dispute as well as the 2 MCRC-12160-2019 nature of offence which cannot be said to be an offence against the society at large, FIR registered by the respondent No.2/complainant against the petitioner is hereby quashed and resultantly impugned order and all other consequential proceedings are also hereby quashed.

Accordingly, the petition stands allowed. Let copy of this order be sent to the concerned Court for necessary

compliance/action.

No order as to cost.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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Digitally signed by Pawan Kumar Date: 2021.10.27 14:55:06 +05'30'