Madhya Pradesh High Court
Ramroop Singh Parihar vs The State Of Madhya Pradesh on 14 December, 2022
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 24313 of 2022
(RAMROOP SINGH PARIHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 14-12-2022
Shri Atul Gupta, learned counsel for the petitioners.
Shri A. P. S. Tomar, Public Prosecutor for the respondent/State.
Shri Harish Singh, learned counsel for the respondent No.1/Complainant.
The instant petition is preferred under Section 482 of Cr.P.C. seeking
quashment of the criminal proceedings initiated against the petitioners.
Petitioners and respondents intend to settle the instant case under Section
307 of the I.P.C. beside offence under Sections 323, 294 and 506 of the I.P.C.
Now both the parties intend to settle their dispute once and for all.
It is the submission of learned counsel for the petitioners that looking to
the fact that no injuries have been sustained by the victim and case was
primarily in respect of land related dispute; therefore, good sense prevailed over
the parties in due course of time and therefore, an application under Section 320
of the I.P.C. was preferred for settlement and for compounding of offences.
Although, counsel relied upon the judgment rendered by Hon'ble Apex
Court in the case of State of M.P. Vs. Laxminarayan and others reported
in (2019) 5 SCC 688.
Learned counsel for the respondent/State opposed the prayer and
submitted that looking to the nature of allegations, case may not be permitted to
compound.
From discussions, it further appears that the matter can be resolved
through mediation if mediation is given a chance.
"Mediation has immense potential to bring well-being to the litigating
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 12/15/2022
11:06:27 AM
parties. In-fact mediation is like "Meditation in Litigation" so as to bring
peace and finality to the litigation."
Ms. Monica Mishra, Advocate, who is present in the court room, is
requested to take responsibility of mediation in the case in hand for dispute
resolution and with earnest hope that her experience and wisdom would prevail
over the parties, so that parties may have a chance to settle their dispute inter se
before the Mediator and Mediator shall try to resolve the issue and thereafter,
submit mediation report for perusal of this court on or before the next date of
hearing.
This is an attempt to fight the pendency and reach to a meaningful
solution for both the parties, who shall appear before the Mediator Ms. Monica
Mishra, Advocate on any date so fixed by her and shall try to explore the
settlement of the dispute once and for all. Parties are at liberty to accompany
heir lawyers before the Mediator.
Considering the rival submissions, it is imperative that genesis of crime
be explored so that differentiation between Impulse and Intent can be carried
out.
Parties are directed to appear before the Mediator in the next week and
thereafter on all dates as may be fixed by the Mediator.
List the matter in the week commencing 23.01.2023.
Mediator is directed to file report meanwhile.
(ANAND PATHAK)
JUDGE
ahmad
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 12/15/2022
11:06:27 AM
