Madhya Pradesh High Court
Ankit Mishra vs The State Of Madhya Pradesh on 20 April, 2022
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.12976/2022
(Ankit Mishra Vs. The State of M.P. & Another)
Gwalior Bench, Dated : 20.04.2022
Shri Rajmani Bansal, learned counsel for the petitioner.
Shri Rohit Shrivastava, learned Panel Lawyer for the respondent
No.1/State.
Shri M.S.Yadav, learned counsel for the respondent No.2.
The present petition has been preferred by the petitioner under
Section 482 of the Code of Criminal Procedure, 1973 seeking quashment
of FIR registered at Crime No.12/2021 at Police Station Cantt., District
Guna for the offence under Section 420 of IPC on the basis of
compromise.
It is the submission of counsel for the parties that both the parties
want to settle the matter and they want to bury the dispute once and for
all. They intend to enter into the compromise therefore, applications
under Sections 320 of Cr.P.C. by way of I.A. No.4072/2022 has been
preferred by the parties. Parties fairly submit that they want to give peace
a chance and for that they want to settle their dispute inter se. Under the
direction of this Court, the factum of compromise entered into between
the parties has been verified by the Principal Registrar of this Court and
according to the said report, parties settled the matter and intended to
compromise the matter. In pursuance to the direction of this Court,
Rs.25,000/- has already been deposited by the petitioner in favour of
Army Central Welfare Fund, receipt of which is attached.
Parties intended to serve the society in meaningful manner to purge
HIGH COURT OF MADHYA PRADESH
MCRC.No.12976/2022
(Ankit Mishra Vs. The State of M.P. & Another)
their guilt and to reform themselves from their inner soul, therefore,
expressed their desire to perform community service by way of deposit to
serve National/Social cause. .
A Lean Compromise is better than a Fat Law Suit, instant
efforts of the parties indicate the same. It is expected that their bona fide
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 mainly under Section
420 of IPC, therefore, permission to compound the offence is accorded.
HIGH COURT OF MADHYA PRADESH
MCRC.No.12976/2022
(Ankit Mishra Vs. The State of M.P. & Another)
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, applications for
compounding the offence vide I.A.No.4072/2022 is allowed because no
fruitful purpose would be served in continuation of trial. Thus, parties are
permitted to compound the offence.
Resultantly, the petition is allowed. FIR registered at Crime
No.12/2021 at Police Station Cantt., Guna for the offence under the
Section 420 of IPC and subsequent proceedings thereto stand quashed
against the petitioner.
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 purpose about the thoughtfulness of petitioner
towards National Cause.
Petition stands allowed and disposed of in above terms.
(Anand Pathak)
AK/- Judge
ANAND KUMAR
2022.04.21
11:09:40 +05'30'
