Abhishek Baghel vs Smt Chetna Pal D/O Shri Preetam ...
2022 Latest Caselaw 3261 MP

                                   1




     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                  BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                         ON THE 8th OF MARCH, 2022

                 MISC. CRIMINAL CASE No. 4925 of 2022

        Between:-
1.      ABHISHEK BAGHEL S/O MANMOHAN BAGHEL ,
        AGED ABOUT 35 YEARS, KANHAIYA KUNJ,
        SOUTH, HN 34, ARJUN NAGAR ROAD, SONA
        NAGAR PS SHAHGANJ KHERIYA MOD (UTTAR
        PRADESH)

2.      SMT. RAJKUMARI BAGHEL W/O LATE SHRI
        MANMOHAN BAGHEL , AGED ABOUT 64 YEARS,
        KANHAIYA KUNJ, SOUTH, HN 34, ARJUN NAGAR
        ROAD, SONA NAGAR PS SHAHGANJ KHERIYA
        MOD (UTTAR PRADESH)

3.      SMT. SHASHI W/O SHRI UPENDRA PAL , AGED
        ABOUT 41 YEARS, OCCUPATION: HOUSE WIFE
        BIJASEN   MATA   KA   MANDIR   ,   NAKA
        CHANDRBADANI, LASHKAR GWALIOR (MADHYA
        PRADESH)

                                                           .....PETITIONERS
        (BY SHRI ABHINAV BHARGAVA, ADVOCATE)

        AND

1.      SMT CHETNA PAL D/O SHRI PREETAM SINGH W/O
        SHRI ABHISHEK BAGHEL , AGED ABOUT 32
        YEARS, AT PRESENT ALPNA TAKEEJ ROAD,
        PURANI MARKET, MURAR (MADHYA PRADESH)

2.      THE STATE OF MP THR. MAHILA THANA PADAV
        GWALIOR GWALIOR (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (BY SHRI SHUBHENDU SINGH CHOUHAN, ADVOCATE FOR
        RESPONDENT NO.1 &
        SHRI DHEERAJ BUDHOLIYA, PANEL LAWYER FOR RESPONDENT
        NO.2/STATE)

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

This petition under Section 482 of CrPC has been filed for quashing the proceedings pending before Judicial Magistrate First Class, Gwalior bearing

criminal case No.5440/2016 RCT for the offences punishable under Section 498-A of IPC and Section 4 of Dowry Prohibition Act and all consequential proceedings

arising out of it.

Along with the petition, I.A. No.2756/2022 & I.A. No.2758/2022 have also been filed by the petitioners and complainant-respondent No. 1 respectively. The applications are duly signed by both the parties and are supported by affidavits of respective parties.

In compliance of the order dated 16/02/2022 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.1-Smt. Chetna Pal as well as petitioners/ accused, namely, Abhishek Baghel, Smt. Rajkumar Baghel,

Smt. Shashi Baghel and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that the offences under Section 498-A of IPC and Section 4 of Dowry Prohibition Act are not compoundable.

It is submitted by learned counsel for the petitioners that respondent No. 1/complainant has entered into a compromise with the petitioners and, therefore,

the present petition has been filed for compounding the offence on the basis of compromise.

Learned counsel appearing for respondent No.1/ complainant has no

objection to the prayer made on behalf of the petitioner in regarding the quashment of FIR as well as other consequential criminal proceedings.

Heard learned counsel for the parties and perused the documents available

on record as well as verification report submitted by Principal Registrar of this Court.

It is apparent from the perusal of documents available on record that the parties have resolved their dispute. Therefore, 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], proceedings pending before Judicial Magistrate First Class, Gwalior bearing criminal case No.5440/2016 RCT for the offences punishable under

Section 498-A of IPC and Section 4 of Dowry Prohibition Act and all other consequential proceedings arising out of it are hereby quashed.

Consequently, present petition stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for information.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.03.08 16:39:38 +05'30'