Children In Conflict With Law ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 3433 MP

                                     1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                           ON THE 10th OF MARCH, 2022

                 MISC. CRIMINAL CASE No. 53770 of 2021

         Between:-
         CHILDREN IN CONFLICT WITH LAW THROUGH
         THEIR   NATURAL       GUARDIAN    FATHER
         HARIKESHAV SINGH S/O SHRI VIRENDRA SINGH ,
         AGED ABOUT 40 YEARS, VILLAGE LOHAGAD PS
         DABRA GWAILOR (MADHYA PRADESH)

                                                                    .....PETITIONER
         (BY MS. RASHI KUSHWAH, COUNSEL FOR THE APPLICANT

         AND

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

2.       MINOR THR. HIS NATURAL GUARDIAN (FATHER0
         RAJU SINGH YADV S/O AMAR SINGH YADAV ,
         AGED ABOUT 47 YEARS, VILL. SALEYA P O AKBAI
         BADI PS DABRA (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         (BY SHRI PURUSHOTTAM TANWAR, COUNSEL FOR THE
         RESPONDENT NO.1/STATE.
         BY SHRI NITIN GOYAL, COUNSEL FOR THE RESPONDENT NO.2 )

      This petition 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 FIR in Crime No.759/2021 registered at Police Station Dabra, District Gwalior (M.P.) for the offences punishable under Sections 327, 323, 294, 506, 34 of IPC.

A t this stage, it is submitted by learned counsel for the petitioner that respondent No.2 has entered into a compromise with the petitioner and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.

Along-with the petition, application being I.A. No.363/2022 has also been filed by the petitioner and respondent No.2. The application is duly signed by their respective parties and the same are supported by affidavits of respective parties.

It is submitted that the complainant and the delinquent are real brothers.

I n compliance of the order dated 13.01.2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statements of complainant/Sumit Yadav (Minor) through Natural Guardian his father: Raju Singh Yadav as well as accused/petitioner children in

Conflict with Law through their Natural Guardian (Father) Harikeshav Singh S/o Shri Virendra Singh 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 as per Section 320 of CrPC, the offence under Sections 323, 506, 34 of IPC are compoundable, but Sections 327 and 294 of IPC are not compoundable.

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 already resolved their dispute amicably as well as the nature of offence which cannot be said to be an offence against the society at large and the offences being compoundable with the permission of the Court, this Court allows this MCRC with the following directions :-

1 . FIR dated 31.08.2021 bearing Crime No.759/2021 registered at Police Station Dabra, District Gwalior (M.P.) for the offences punishable under Sections 327, 323, 294, 506, 34 of IPC against accused/petitioner children in Conflict with Law through their Natural Guardian (Father) Harikeshav Singh is hereby quashed.

2.All the consequential proceedings flowing out of the said FIR also stands quashed.

It is made clear that the present acquittal shall not affect the future of the present/petitioner children in Conflict with Law through their Natural Guardian (Father) Harikeshav Singh in any manner.

With the aforesaid observations, this petition is disposed of. No order as to cost.

                                              (RAJEEV KUMAR SHRIVASTAVA)
                                                         JUDGE
Van                     VANDANA VERMA
                        2022.03.10
                        18:15:44 -08'00'