Smt Neha Sareen Bagga W/O Shri Amit ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 5528 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.44127/2021
        Smt. Neha Sareen Bagga vs. State of M.P. & Ors.

Gwalior, Dated : 16.09.2021

      Shri Shyam Sharma, Counsel for the applicant.

      Shri A.K. Nirankari, Public Prosecutor for the respondent/State.

Shri R.K. Dubey, Counsel for respondents No.2 to 7.

This application under Section 482 of Cr.P.C. has been filed for

quashment of FIR in Crime No.4/2018 registered at Police Station

Mahila Thana Padav, District Gwalior for offence under Sections 498-

A, 506, 34 of IPC and under Section 4 of Dowry Prohibition Act as

well as Criminal Case No.546/20218 pending before the Court of

JMFC, Gwalior, on the basis of compromise.

By order dated 8.9.2021, the parties were directed to appear

before the Principal Registrar of this Court on 9.9.2021. Accordingly,

the Principal Registrar of this Court after recording statements of the

witnesses have given the following report:

"After verifying from Complainant/Petitioner Smt. Neha Sarin Bagga and Accused/Respondent No.2 to 7 Amit Bagga, Smt. Darshana Bagga, Madanlal Bagga, Smt. Shallu Chhabra, Smt. Anshu Gulati and Mayur Gulati, that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the

THE HIGH COURT OF MADHYA PRADESH MCRC No.44127/2021 Smt. Neha Sareen Bagga vs. State of M.P. & Ors.

Offences U/S 506, 34 of I.P.C. is compoundable. But U/s 498A of I.P.C. and Section 4 of Dowry Prohibition Act is not compoundable."

In view of the judgments passed by the Supreme Court in the

cases of Gian Singh v. State of Punjab reported in (2012) 10 SCC

303 and Narinder Singh & Ors. v. State of Punjab & Anr. reported

in (2014) 6 SCC 466, this Court is of the considered opinion that

since the parties have amicably settled their dispute, accordingly, FIR

in Crime No.4/2018 registered at Police Station Mahila Thana Padav,

District Gwalior for offence under Sections 498-A, 506, 34 of IPC

and under Section 4 of Dowry Prohibition Act as well as Criminal

Case No.546/20218 pending before the Court of JMFC, Gwalior are

hereby quashed. The respondents No.2 to 7 are acquitted of the

chargers under Sections 498-A, 506, 34 of IPC and under Section 4 of

Dowry Prohibition Act.

The application succeeds and is hereby allowed.

                                                               (G.S. Ahluwalia)
 (alok)                                                              Judge




ALOK KUMAR
2021.09.17 16:18:28 +05'30'