Mosham Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1444 MP

                                 1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                              BEFORE
          HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                        ON THE 1st OF FEBRUARY, 2022

              MISC. CRIMINAL CASE No. 35538 of 2021

        Between:-
1.      MOSHAM     SHARMA    S/O  LATE   SHRI
        SURENDRA SHARMA , AGED ABOUT 37
        YEAR S, OCCUPATION: PVT.NOKRI LAKKAD
        KHANA PUL MUSHIYO KA MOHALLA
        MADHOGANJ LASHKAR (MADHYA PRADESH)

2.      SMT. MADHURI SHARMA W/O LATE SHRI
        SURENDRA     SHARMA    OCCUPATION:
        HOUSEWIFE LAKKAD KHANA PUL MUNSIYO
        KA MOHALLA MADHOGANJ LASHKAR
        (MADHYA PRADESH)

                                                           .....PETITIONERS
        (BY SHRI PRAVEEN KUMAR MISHRA, ADVOCATE)

        AND

1.      THE   STATE  OF   MADHYA  PRADESH
        INCHARGE POLICE STATION MADHOGANJ
        LASHKAR (MADHYA PRADESH)

2.      SMT. SONAM W/O SHRI MOUSAM SHARMA
        D/O SHRI PRADEEP SHARMA , AGED ABOUT
        34 YEARS, POLICE LINE PETROL PUMP KE
        PASS POLICE LINE (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (BY SMT. ABHA MISHRA, PUBLIC PROSECUTOR FOR
        RESPONDENT NO.1/STATE
        &
        SHRI SANTOSH BABU SHARMA, ADVOCATE FOR
        RESPONDENT NO.2 )
                     (Heard through Video Conferencing)
       This petition coming on for hearing this day, the court passed the
following:
                                  ORDER

This petition under Section 482 of CrPC has been filed for quashing the FIR registered in Crime No.7/2016 at Police Station Madhoganj Lashkar, District Gwalior for the offences punishable under Sections 498-A, 294, 506- II of IPC and Section 4 of Dowry Prohibition Act and all consequential proceedings arising out of it.

Along with the petition, I.A. No.21149/2021 & I.A. No.21152/2021

have also been filed by the petitioners and complainant-respondent No. 2 respectively. The applications are duly signed by both the parties and are supported by affidavits of respective parties.

In compliance of the order dated 11/01/2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this

Court, who has recorded statement of complainant/respondent No.2-Smt. Sonam as well as petitioners/ accused, namely, Mosham Sharma and Smt. Madhuri Sharma and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that Section 506-II of IPC has already been compounded by the trial Court on the basis of compromise and as per Section 320 CrPC, the offences under Sections 498-A, 294 of IPC and Section 4 of Dowry Prohibition Act are not compoundable.

It is submitted by learned counsel for the petitioners that respondent No. 2/complainant has entered into a compromise with the petitioners and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.

Learned counsel appearing for respondent No.2/ complainant has no objection to the prayer made on behalf of the petitioner in regarding the quashment of FIR as well as other consequential criminal proceedings.

Heard learned counsel for the parties and perused the documents available on record as well as verification report submitted by Principal Registrar of this Court.

It is apparent from the perusal of documents available on record that the trial Court has already acquitted the petitioners from offence under Section 506-II of IPC on the basis of compromise and the matter is between husband & wife and they have resolved their dispute. Therefore, in the light of the judgments passed by the Supreme Court in the cases of Gian Singh vs. State of Punjab, [(2012) 10 SCC 303] and Narinder Singh & Ors. vs. State of Punjab & Anr., [(2014) 6 SCC 466] , FIR registered in Crime

No.7/2016 at Police Station Madhoganj Lashkar, District Gwalior for the offences punishable under Sections 498-A, 294 of IPC and Section 4 of Dowry Prohibition Act and all other consequential proceedings arising out of it are hereby quashed.

Consequently, present petition stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for information.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.02.01 16:18:39 +05'30'