Smt. Jyoti Kaur vs State Of Mp
2022 Latest Caselaw 10054 MP

                                                   1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                                    BEFORE
                                       HON'BLE SMT. JUSTICE SUNITA YADAV
                                            ON THE 21st OF JULY, 2022

                                 MISC. CRIMINAL CASE No. 9513 of 2021

                           Between:-
              1.           SMT. JYOTI KAUR D/O SHRI JASWINDER SINGH
                           , AGED ABOUT 22 YEARS, OCCUPATION: HOUSE
                           WIFE HOUSE NO.201, BHATE KA SHAHRAN
                           KELWAS DANTA TEHSIL (RAJASTHAN)

              2.           JASWINDER SINGH S/O LATE SHRI KARNAIL
                           SINGH , AGED ABOUT 60 YEARS, VILLAGE
                           SHAHBAD BARAN (RAJASTHAN)

              3.           SMT. RANI KAUR W/O SHRI JASWINDER SINGH
                           , AGED ABOUT 58 YEARS, VILLAGE DANTA
                           SHAHBAD (RAJASTHAN)

              4.           MANDEEP SINGH S/O JASWINDER SINGH ,
                           AGED ABOUT 32 YEARS, BARAN (RAJASTHAN)

              5.           KULDEEP SINGH @ BABBU S/O SHRI DHARA
                           SINGH   ,  AGED   ABOUT   48   YEARS,
                           RAGHUNATHPUR (MADHYA PRADESH)

                                                                           .....PETITIONER
                           (SHRI SURESH AGRAWAL, LEARNED COUNSEL FOR THE
                           PETITIONERS) .

                           AND

              1.           STATE OF MP INCHARGE POLICE STATION P.S.
                           PURANI CHHAWANI (MADHYA PRADESH)

              2.           RAVINDRA @ KAKU S/O HARBANSH SINGH
                           NEAR   SUNSHINE   SCHOOL, MOTIJHEEL
                           LASHKAR (MADHYA PRADESH)

                                                                        .....RESPONDENTS
                           (SHRI G.P. CHOURASIYA- GOVERNMENT ADVOCATE FOR THE
Signature Not Verified     RESPONDENT NO. 1/STATE)
Signed by: SANJAY          (SMT. MEENA KUSHWAH -ADVOCATE FOR RESPONDENT NO. 2)
NAMDEORAO DURGEKAR
Signing time: 22-07-2022
                      This application coming on for hearing this day, the court passed the
02:50:33 PM
                                                   2
             following:
                                                   ORDER

This petition under Section 482 of Cr.P.C. has been filed for quashing of the FIR registered in Crime No.108/2019 at Police Station Purani Chhawani, District Gwalior for the offence punishable under Sections 379, 389, 419, 420, 494, 495, 120-B of IPC.

Along with the petition, I.A.No.21788/2021 has also been filed by the petitioners as well as respondent No.2. The application is duly signed by both the parties and is supported by affidavits of respective parties.

I n compliance of the order dated 28.6.2022 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 as well as petitioners No. 1 to 5 and submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 320 of Cr.P.C., the offence under Sections 389, 495, 120-B of IPC are not compoundable, but Section 419, 420, 379, 494 of IPC are compoundable.

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

Respondent No.2/complainant has no objection to the prayer made on behalf of the petitioner.

Heard learned counsel for the parties and perused the documents Signature Not Verified available on record as well as verification report submitted by Principal Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 22-07-2022 02:50:33 PM Registrar of this Court.

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 ], and considering the fact that the parties have resolved their dispute as well as the nature of offence which cannot be said to be an offence against the society at large, this Court allows this petition with a direction that the FIR bearing Crime No.108/2019 registered at Police Station Purani Chhawani, District Gwalior for the offence punishable under Sections 379, 389, 419, 420, 494, 495, 120-B of IPC against accused/petitioners is hereby quashed.

This petition filed under Section 482 of Cr.P.C. stands disposed of in above terms.

CC as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 22-07-2022 02:50:33 PM