Kamlesh Pal vs Santosh Sahu
2022 Latest Caselaw 10423 MP

       IN THE HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                            BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK

                  ON THE 2nd OF AUGUST, 2022

         MISC. CRIMINAL CASE No. 35546 of 2022

 Between:-
 KAMLESH PAL W/O SHYAMBABU
 PAL,      AGED-53      YEARS,
 OCCUPATION: HOUSEWIFE, R/O
 NAKA CHANDRAWADNI BADE PUL
 KE PAAS HINA SPORTS KE SAMNE
 LASHKAR GWALIOR (MADHYA
 PRADESH)
                                                  .....APPLICANT
 (BY SHRI LALAN MISHRA - ADVOCATE)

 AND

 SANTOSH      SAHU      S/O
 RAMBHAROSE SAHU, AGED-45
 YEARS,         OCCUPATION:
 SHOPKEEPER,    R/O   NAKA
 CHANDRAWADNI SARKARI TAAL
 KE   SAMNE,  GADDE   WALA
 MOHALLA, LASHKAR GWALIOR
 (MADHYA PRADESH)
                                                .....RESPONDENT
 (BY SHRI MEHMOOD KHAN - ADVOCATE)
This application coming on for hearing this day, the court passed
the following:
                             ORDER

With consent heard finally.

By way of this petition filed under Section 482 of the Code of Criminal Procedure on the basis of compromise arrived at between the parties, the petitioner has prayed to quash and set aside the judgment and order of conviction passed by the Court of learned 13th Additional Sessions Judge, Gwalior dated 30.07.2019 passed in CRA.No.78/2019, whereby the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") and was directed to pay a sum of Rs.1,27,200/- as compensation as per under Section 357(3) of Cr.P.C. In default of payment of said amount, he has been sentenced to undergo RI for further 60 days.

It appears that parties agreed to settle the matter and therefore, I.A.No.11343/2022 and I.A.No.11344/2022 have been preferred at the instance of parties and they want to settle the matter. The applications are duly signed by respective parties and same are supported by their affidavits.

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.

Counsel for the complainant argued in support of petitioner's prayer for compromise. He referred affidavit filed by the complainant and is ready to settle the matter.

Heard learned counsel for the parties at length 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. 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.11343/2022 and I.A.No.11344/2022 are 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. Order dated 30.07.2019 passed in Criminal Appeal No.78/2019 by 13th Additional Sessions Judge, Gwalior for the offence under Section 138 of Negotiable Instrument Act and other consequential proceedings in furtherance thereto, if any, are hereby quashed.

Petition stands allowed and disposed of in above terms.

                                                                                               (Anand Pathak)
Ashish*                                                                                             Judge

 ASHIS   Digitally signed by ASHISH
         CHAURASIA
         DN: c=IN, o=HIGH COURT OF




 H
         MADHYA PRADESH BENCH
         GWALIOR, ou=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, postalCode=474001,
         st=Madhya Pradesh,
         2.5.4.20=bf81a9adb1da24e4bc7b5




 CHAU
         195154c3d4de08c6bb9303e52e2e7
         e728d9bac85bd3,
         pseudonym=CA2EA6EDDF504F8F9
         C2790FA9A0FD201D0242B64,
         serialNumber=A926F3CBF979ECA6
         A4C477577EEDBA3AB4F94593A93




 RASIA
         0B98DAE1B0AD16F90B5FD,
         cn=ASHISH CHAURASIA
         Date: 2022.08.05 17:01:34 -07'00'