Madhya Pradesh High Court
Hitesh Jain vs The State Of Madhya Pradesh on 12 January, 2022
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.42703/2021
(Hitesh Jain & Others Vs. The State of M.P. & Another)
Gwalior Bench, Dated : 12.01.2022
Heard through Video Conferencing.
Shri Narottam Sharma, learned counsel for the petitioners.
Shri B.S.Gour, learned Panel Lawyer for the respondent
No.1/State.
Shri O.P. Mathur, learned counsel for the respondent No.2.
The present petition has been preferred by the petitioners under
Section 482 of the Code of Criminal Procedure, 1973 seeking
quashment of FIR registered at Crime No.92/2018 at Police Station
Mahila Thana, Padav District Gwalior, for the offence under Sections
498-A, 34 of IPC and Section 4 of the Dowry Prohibition Act and
subsequent entire proceedings in Case No.RCT3280/2018 on the basis
of compromise.
It is the submission of counsel for the parties that both the
parties want to settle the matter and they want to bury the dispute once
and for all. They intend to enter into the compromise therefore,
applications under Section 320 (1) of Cr.P.C. and Section 320 (2) by
way of I.A.No.25609/2021 and I.A.No.25610/2021 have been
preferred by the parties jointly. Parties fairly submit that they want to
give peace a chance and for that they want to settle their dispute inter
se. Under the direction of this Court, the factum of compromise
entered into between the parties has been verified by the Principal
HIGH COURT OF MADHYA PRADESH
MCRC.No.42703/2021
(Hitesh Jain & Others Vs. The State of M.P. & Another)
Registrar of this Court and according to the said report, parties settled
the matter and intended to compromise the matter.
Parties intend to serve the society in meaningful manner to purge
their guilt and to reform themselves from their inner soul, therefore,
expressed their desire to perform community service to serve any
National/Social/Environmental cause.
A Lean Compromise is better than a Fat Law Suit, instant
efforts of the parties indicate the same. It is expected that their bona
fide 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
HIGH COURT OF MADHYA PRADESH
MCRC.No.42703/2021
(Hitesh Jain & Others Vs. The State of M.P. & Another)
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, applications
for compounding the offence vide I.A. No.25609/2021 and I.A.No.
25610/2021 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. FIR registered at Crime
No.92/2018 at Police Station Mahila Thana, Padav District Gwalior,
for the offence under Sections 498-A, 34 of IPC and Section 4 of the
Dowry Prohibition Act and entire subsequent proceedings thereto
stand quashed against the petitioners.
As directed by this Court vide order dated 31.08.2021, the
petitioners have deposited Rs.10,000/- (Rs. Ten Thousand only) in
favour of Army Central Welfare Fund having A/CNo.
520101236373338 of Union Bank of India, Branch Chandni
Chowk, Delhi-110006, IFSC Code UBIN0530778.
Principal Registrar of this Court is directed to send a copy of
HIGH COURT OF MADHYA PRADESH
MCRC.No.42703/2021
(Hitesh Jain & Others Vs. The State of M.P. & Another)
this order to the Chief of Defence Staff/Ex-officio Secretary to the
Department of Military Affairs in Ministry of Defence, North
Block New Delhi for information purpose about the thoughtfulness of
petitioners towards National Cause.
Petition stands allowed and disposed of in above terms subject to
aforesaid conditions.
(Anand Pathak)
AK/- Judge
ANAND KUMAR
2022.01.13
11:27:08 +05'30'
