Sanjeev Bhardwaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 5468 MP

            THE HIGH COURT OF MADHYA PRADESH
                          M.Cr.C. No.12774/2022
               (Sanjeev Bhardwaj Vs. State of M.P. and another)
Gwalior, dated : 13.04.2022

      Shri Prashant Sharma, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned PP for respondent No.1/State.

Shri Anand Purohit, learned counsel for respondent No.2.

With consent heard finally.

The present petition has been preferred by the petitioner under

Section 482 of the Code of Criminal Procedure, 1973 seeking quashment

of FIR registered vide Crime No.255/2019 at Police Station-

Maharajpura, District- Gwalior, for the offence punishable under Sections

420, 467, 468, 34 of IPC and all consequential proceedings relating to

aforesaid FIR on the basis of compromise.

It is the submission of counsel for the parties that they intend to

enter into compromise, therefore, application under Section 320(2) of

Cr.P.C. by way of I.A. No.4199/2022 alongwith affidavits has been

preferred. Parties fairly submit that they want to give peace a chance and

for that they want to settle their dispute inter se.

The Principal Registrar of this Court has duly verified the parties,

contents of application, intent and signatures of parties. Report is

attached, same is perused and it appears that compromise has been

reached between the parties voluntarily without any threat, inducement

and coercion. Petitioner expressed his desire to serve National/Social cause to purge their misdeeds and / or to express gratitude for institutions

which served their cause.

Heard the learned counsel for the parties and perused the

documents appended thereto.

A Lean Compromise is better than a Fat Law Suit, instant

efforts of the parties indicate the same. It is expected that their bonafide

gestures would continue.

The Hon'ble Supreme Court in catena of judgments Jagdish

Channa & others Vs. State of Haryana & another, AIR 2008 SC

1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969,

Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh &

others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others

Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs.

State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias

Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat

and another, (2017) 9 SCC 641, laid down that even in non-

compoundable cases on the basis of compromise, criminal proceedings

can be quashed so that valuable time of the court can be saved and

utilized in other material cases.

After hearing learned counsel for the parties and taking into

account the law laid down by the Apex Court, in the opinion of this

Court, continuance of trial in such matter will be a futile exercise which

will serve no purpose. Further the ingredients are not so heinous, therefore, permission to compound the offence is accorded. Under such a

situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse

of the process of law and wasteful exercise by the courts below.

To preserve the resources and bonhomie created between the

parties arises out of settlement, in the interest of justice, application for

compounding the offence vide I.A. No.4199/2022 is allowed because no

fruitful purpose would be served in continuation of trial. Thus, parties are

permitted to compound the offence.

Considering the suggestions and after due contemplation, it

appears that petitioner is ready to take some positive steps towards

betterment of the society and country. Therefore, he shall deposit Rs.

5,000/- in favour of Army Central Welfare Fund having A/C

No.520101236373338 of Union Bank of India, Branch Chandani

Chowk, Delhi-110006, IFSC Code UBIN0530778 within 15 days from

today.

Resultantly, the petition is allowed. FIR registered at Crime

No.255/2019 at Police Station - Maharajpura, District- Gwalior, for the

offence punishable under Sections 420, 467, 468, 34 of IPC and its

subsequent criminal proceedings stand quashed against the petitioner.

Petitioner stands discharged from all the charges.

Principal Registrar of this Court is directed to send a copy of this

order to the Chief of Defence Staff/Ex-officio Secretary to the

Department of Military Affairs in Ministry of Defence, North Block New Delhi for information about the thoughtfulness of petitioners

towards National Cause.

Petition stands allowed and disposed of in above terms subject

to aforesaid conditions.

(Anand Pathak) Judge Rashid RASHID KHAN 2022.04.13 19:35:40 +05'30' 11.0.8