Hansraj Modi vs The State Of Madhya Pradesh
2021 Latest Caselaw 6982 MP

                                  1                           MCRC-10499-2021
        The High Court Of Madhya Pradesh
                MCRC No. 10499 of 2021
       (HANSRAJ MODI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

6
Gwalior, Dated : 28-10-2021
      Shri Prateek Kulshrestha, learned counsel for the petitioners.
      Shri Pramod Pachori, learned Public Prosecutor for the respondent

No.1-State.

Shri Prashant Sharma, learned counsel for respondent No.2. I.A.No.25412/2021, an application for change of counsel, is taken up,

considered and allowed for the reasons mentioned therein.

This application under Section 482 of CrPC has been filed for quashing the FIR in Crime No.146/2019 registered at Police Station Mahila Thana, District Gwalior for the offences punishable under Sections 498-A, 34 of IPC and Section 4 of the Dowry Prohibition Act.

It is submitted by learned counsel for the petitioners that respondent No.2/complainant has entered into a compromise with the petitioners and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.

Along-with the petition, application I.A.No.27105/2021 has also been filed by the complainant-respondent No.2 and the petitioners jointly. The application is duly signed by both the parties and is supported by affidavits of respective parties.

In compliance of the order dated 9/9/2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent No.2 Mridula Modi as well as petitioners No.1 to 6, namely, Hansraj, Motilal Modi, Usha Modi, Satyendra Modi, Neetu Modi and Ranjana Agrawal 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 CrPC, the offences under Sections 498-A, 34 of the IPC and 2 MCRC-10499-2021 Section 4 of the Dowry Prohibition Act, are not 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 nature of offence which cannot be said to be an offence against the society at

large, FIR in Crime No.146/2019 registered at Police Station Mahila Thana, District Gwalior for the offences punishable under Sections 498-A, 34 of IPC and Section 4 of the Dowry Prohibition Act and all other consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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Pawan Kumar 2021.10.28 17:40:15 +05'30'