Devendra Kumar Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 9991 MP

                                 1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                    HON'BLE SMT. JUSTICE SUNITA YADAV
                         ON THE 20th OF JULY, 2022

              MISC. CRIMINAL CASE No. 10344 of 2022

        Between:-
1.      DEVENDRA KUMAR JAIN S/O LATE BABULAL
        JAIN , AGED ABOUT 56 YEARS, OCCUPATION:
        BUSINESS KOTESHWAR MANDIR GALI NEAR
        ARUN DAIRY (MADHYA PRADESH)

2.      ANSHUL JAIN S/O SHRI DEVNEDRA KUMAR
        JAIN , AGED ABOUT 27 YEARS, OCCUPATION:
        BUSINESS KOTESHWAR MANDIR GALI NEAR
        ARUN DAIRY GUNA DISTT. GUNA (MADHYA
        PRADESH)

                                                             .....PETITIONER
        (SHRI BRIJENDRA SINGH-ADVOCATE

        AND

1.      THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION PS KOTWALI (MADHYA
        PRADESH)

2.      CHIRAYU AGRAWAL S/O SHRI GOPAL KISHAN
        AGRAWAL , AGED ABOUT 28 YEARS,
        OCCUPATION: BUSINESS BATASA GALI OLD
        POST OFFICE GUNA (MADHYA PRADESH)

3.      NAVEEN AGRAWAL S/O SHRI GOPAL KISHAN
        AGRAWAL , AGED ABOUT 36 YEARS,
        OCCUPATION: BUSINESS BATASA GALI OLD
        POST OFFICE GUNA (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (SHRI AVNEESH SINGH-PUBLIC PROSECUTOR

      This application coming on for hearing this day, the court passed the
following:
                                  ORDER

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.262/2018 at Police Station Kotwali, District Guna for the offence under Sections 341, 323, 294, 506, 34 of IPC on the basis of compromise and all other criminal proceeding instituted on this crime number.

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 Sections 320 of Cr.P.C. by way of I.A. No.3219/2022 has been preferred by the parties. 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 Registrar of this Court and according to the said report, parties settled the matter and intended to compromise the matter.

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 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. Further the ingredients are mainly under Sections 341, 323, 506, 34 of IPC are compoundable. But under Section 294 of IPC is not compoundable, therefore, permission to compound the offences are accorded. 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, application for compounding the offence vide I.A.No.3219/2022 is 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.262/2018 at Police Station Kotwali, District Guna for the offence under the aforesaid Sections and subsequent proceedings thereto stand quashed against the petitioners.

Petition stands allowed and disposed of in above terms.

(SUNITA YADAV) JUDGE Van

VANDANA VERMA 2022.07.21 11:46:36 -07'00'