Santosh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 10425 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. 32704 of 2022

  Between:-
  SANTOSH   KUSHWAH    S/O  SHRI
  NARENDRA SINGH, AGED-40 YEARS,
  OCCUPATION:    SERVICE,    R/O
  JAWAHAR     COLONY     GWALIOR
  (MADHYA PRADESH)
                                                 .....PETITIONER
  (BY SHRI SHAILENDRA SINGH KUSHWAHA - ADVOCTAE)

  AND

   THE STATE OF MADHYA PRADESH
   THROUGH STATION HOUSE OFFICER
1.
   OF POLICE STATION MADHOGANJ
   GWALIOR (MADHYA PRADESH)
   MANOJ DIVOLIYA S/O LATE SHRI
   KAMLESH PRASAD DIVOLIYA, AGED-
   45 YEARS, OCCUPATION -ADVOCATE,
2. R/O   SAATH   BHAI   KI   GOTH,
   LAKKADKHANA,        MADHOGANJ,
   LASHKAR,    GWALIOR     (MADHYA
   PRADESH)
                                              .....RESPONDENTS
  (BY SHRI BPS CHAUHAN - PUBLIC PROSECUTOR)
  (BY SHRI ANOOP SHIVHARE - COUNSEL FOR COMPLAINANT)
This application coming on for hearing this day, the court passed
the following:
                            ORDER

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 at Crime No.235/2022 at Police Station- Madhoganj, District -Gwalior for the offence under Sections 294, 323 and 506 of IPC on the basis of compromise.

It appears that parties agreed to settle the matter and therefore, joint application I.A.No.10537/2022 has been preferred at the instance of parties and they want to settle the matter. The application is duly signed by respective parties and same is 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.

Learned counsel for the respondent No.1/State opposed the prayer and prayed for rejection of the petition.

Counsel for the complainant argued in support of petitioners' 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.10537/2022 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

This Court gave suggestions to the petitioner to rise to the occasion and try to make some efforts and sincere endeavors for betterment of the country and environment. Considering the suggestions and after due contemplation, he already deposited Rs.

5000/- favour of Army Central Welfare Fund having A/C No.520101236373338 of Union Bank of India, Branch Chandni Chowk, Delhi-110006, IFSC Code UBIN0530778.

Resultantly, the petition is allowed. FIR registered at Crime No.235/2022 at Police Station- Madhoganj, District Gwalior for the offence under Sections 294, 323 and 506 of IPC and other criminal proceedings in furtherance thereto, if any, are hereby quashed.

Principal Registrar of this Court is directed to send a copy of this order to the Chief of Defence Staff/ex officio Secretary to 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)
Ashish*                                                                                                           Judge

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de0 8c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD 201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EED

ASIA BA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.08.06 12:42:49 -07'00'