Shyam Babu Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7663 MP

                                                             1

       IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE ANAND PATHAK

                 ON THE 13th OF JUNE, 2022


            MISC. CRIMINAL CASE No. 14502 of 2022

Between:-
1.SHYAM BABU SHARMA S/O LATE
SHRI MATA PRASAD SHARMA, AGED 54
YEARS,
2. PRAVEEN SHARMA S/O LATE SHRI
MATA PRASAD SHARMA, AGED 42
YEARS,
3. VINIT ALIAS LALU SHARMA S/O
SHRI SHYAM BABU SHARMA, AGED 25
YERAS,
ALL PETITIONERS R/O PURANI SABJI
MANDI ROAD, KAILARAS, DISTRICT
MORENA (MADHYA PRADESH).

                                          .....PETITIONERS
(BY SHRI DEVENDRA SHARMA- ADVOCATE )

AND

1. STATE OF MADHYA PRADESH
THROUGH POLICE STATION KAILARAS,
DISTRICT MORENA (MADHYA PRADESH)
2. PRAKASH CHANDRA SHARMA S/O
LATE SHRI RAMDAYAL SHARMA, AGED
71 YEARS,
3. SANTOSH KUMAR SHARMA S/O SHRI
PRAKASH CHANDRA SHARMA, AGED 44
YEARS
                                                                           2

  4. SATENDRA KUMAR SHARMA S/O SHRI
  PRAKASH CHANDRA SHARMA, AGED 36
  YEARS,
  RESPONDENST NO. 2 TO 4 R/O PURANI
  SABJI   MANDI    ROAD   KAILARAS,
  DISTRICT MORENA (MADHYA PRADESH)

                                          .....RESPONDENTS
 (BY SMT. ANJALI GHYANANI- PUBLIC PROSECUTOR FOR
 RESPONDENT NO. 1 AND SHRI DHARMENDRA KUMAR
 SHRIVASTAVA, LEARNED COUNSEL FOR RESPONDENTS NO. 2 TO
 5)
      This application coming on for ORDERS this day, the court passed
the following:

                                ORDER

Petitioners have filed this petition under Section 482 of Cr.P.C. for quashment of FIR registered vide crime No. 199/2015 registered at Police Station Kailaras, District Morena for offence under Sections 452, 324, 323, 294, 506-B, 34 of IPC and other criminal proceedings in furtherance thereto, if any, on the basis of compromise reached between the parties.

It appears that parties agreed to settle the matter and therefore, applications vide I.A.Nos. 4594/2022 and 4595/2022 have been preferred at the instance of parties and they want to settle the matter. The application is duly signed by respective parties and same is supported by their affidavits.

The Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been

reached between the parties voluntarily without any threat, inducement and coercion.

It is the submission of learned counsel for the parties that they want to settle the matter and want to live peacefully because they are living in the same vicinity and they have decided not to interfere in each others existence. Looking to the relationship for future, the application for compromise be allowed.

At this juncture, learned counsel for the petitioners submit that petitioners have regret for the proceedings undertaken involving the state machinery (Police, Prosecution and the Court) and for that they intend to do some social service by way of donating toys at five Aanganwadi Centres at Kailaras, District Morena within 15 days.

Learned counsel for the respondent No. 1/State opposed the prayer and prayed for rejection of the petition.

Counsel for the complainant argued in support of petitioners' prayer for compromise.

Heard.

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 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, application for compounding the offences vide I.A.Nos. 4594/2022 and 4595/2022 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

At this juncture, this Court records appreciation for the petitioners by which they thought about national cause.

Resultantly, I.A.Nos. 4594/2022 and 4595/2022 are allowed and FIR registered vide crime No. 199/2015 registered at Police Station Kailaras, District Morena for offence under Sections 452, 324, 323, 294, 506-B, 34 of IPC and further proceedings thereto are hereby quashed in light of compromise reached between the parties, subject to donating toys

as per their own volition and producing certificate from concerned Aanganwadis within 15 days from today.

Petition stand allowed and disposed of in above terms.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7 633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21 93780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2 D8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.06.14 10:01:02 +05'30'