Chotu @ Gyanendra Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 2446 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-2983-2022
              Chhotu @ Gyanendra Vs. State of MP

Gwalior, Dated : 22/02/2022

      Shri M.C. Pathak, Counsel for the applicant.

      Shri Naval Kishore Gupta, Counsel for the respondent No.

1/State.

Shri Abhay Singh Bhadoriya, Counsel for the respondent No. 2.

This application under Section 482 of CrPC has been filed for

quashment of FIR in Crime No.275/2021 registered at Police Station

Antari District Gwalior for offence under Sections 327, 323, 294, 506

of IPC and all other consequential proceedings on the basis of

compromise.

According to the prosecution case, the complainant lodged an

FIR on the allegations that at about 03:00 PM, he was playing cricket.

At that time, the applicant came there and demanded Rs.500/- for

purchasing liquor. When the complainant/respondent No. 2 informed

that he does not have money, then he was beaten and was abused.

It is submitted by the counsel for the applicant that now the

parties have resolved their dispute and harmony has been created and,

thus, the respondent No. 2 does not want to proceed with further

investigation or prosecution of the applicant.

In compliance of the order dated 31.01.2022, the parties had

appeared before the Principal Registrar of this Court and the following

report has been given:-

THE HIGH COURT OF MADHYA PRADESH MCRC-2983-2022 Chhotu @ Gyanendra Vs. State of MP

After verifying from Complainant/Respondent No. 2 Pradeep Yadav (Minor) through Guardian his mother Smt. Urmila Yadav and Accused/Petitioner Chhotu @ Gyanendra Yadav that they have arrived at compromise voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the Offence u/S 323, 506 of IPC are compoundable. But u/S 327, 294 of IPC are not compoundable."

In view of the fact that the parties have resolved their dispute

and the complainant does not want to prosecute the applicant any

further and since the offence is trivial in nature and in the light of the

judgments passed by the Supreme Court in the case of Gian Singh Vs.

State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh

and others Vs. State of Punjab reported in (2014) 6 SCC 466, the

application is allowed. Accordingly, the FIR in Crime No.275/2021

registered at Police Station Antari District Gwalior is hereby quashed.

The applicant is discharged.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.28 18:01:16 +05'30'