Manoj Sanadhy vs The State Of Madhya Pradesh
2021 Latest Caselaw 6985 MP

                                  1                              MCRC-39617-2021
        The High Court Of Madhya Pradesh
                MCRC No. 39617 of 2021
      (MANOJ SANADHY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated : 28-10-2021
      Shri Vijay Singh Jadon, learned counsel for the petitioners.

      Shri Pramod Pachouri, learned Public Prosecutor for respondent

No.1/State.

Shri Ashutosh Pandey, learned counsel for respondent No.2. This petition under Section 482 of CrPC has been filed for quashing

the FIR registered in Crime No. 98/2020 at Police Station Mahila Thana Padav, District Gwalior for the offences punishable under Sections 498-A, 506, 34 of IPC and Section 4 of Dowry Prohibition Act.

It is submitted by learned counsel for the parties 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. 23602/2021 & I.A. No.23603/2021 have also been filed by the petitioners and complainant-

respondent No. 2 respectively. The applications are duly signed by both the parties and are supported by affidavits of respective parties.

In compliance of the order dated 17/08/2021 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- Smt. Neelmani Birje (Sanadhya) as well as petitioners/accused, namely, Manoj Sanadhya and Smt. Baijanti 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 506, 34 of IPC are compoundable, but offences under Section 498-A of IPC and Section 4 of Dowry Prohibition Act are not compoundable.

In the light of the judgments passed by the Supreme Court in the cases 2 MCRC-39617-2021 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 registered in Crime No. 98/2020 at Police Station Mahila Thana

Padav, District Gwalior for the offences punishable under Sections 498-A, 506, 34 of IPC and Section 4 of Dowry Prohibition Act and all other consequential proceedings are hereby quashed.

Accordingly, present petition stands disposed of.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2021.10.28 17:42:30 +05'30'