Ajeet Kumar Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 3434 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. 63231 of 2021

        Between:-
1.      AJEET KUMAR JAIN S/O LT DHANNALAL JAIN ,
        AGED ABOUT 79 YEARS, PARAKH JI KA BADA
        DAULATGANJ (MADHYA PRADESH)

2.      AJIT KUMAR JAIN S/O LATE SHIR DHANNALAL
        JAIN , AGED ABOUT 79 YEARS, VILLAGE- PARKH JI
        KA BADA, DOLATGANJ, DIST. GWALIOR (MADHYA
        PRADESH)

3.      VIMAL [email protected] CHAND JAIN S/O SHRI
        AJIT KUMAR JAIN , AGED ABOUT 58 YEARS, F-12,
        MADHUVAN ANKLEV, ALKAPURI, CITY CENTER,
        DIST. GWALIOR (MADHYA PRADESH)

4.      ANIKANT JAIN S/O SHIR VIMAL CHAND JAIN ,
        AGED ABOUT 27 YEARS, F-12 MADHUVAN
        ANKLEV, ALKAPURI, CITY CENTER, DIST.
        GWALIOR (MADHYA PRADESH)

5.      SMT. VARSHA [email protected] VARSHA GARG W/O
        SHRI SAJAL GARG , AGED ABOUT 35 YEARS, DAL
        BAJAR, LASKAR, DIST. GWALIOR (MADHYA
        PRADESH)

                                                              .....PETITIONER
        (BY SHRI SANJAY GUPTA, COUNSEL FOR THE PETITIONERS )

        VS.

1.      THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION P.S. PADAV (MADHYA PRADESH)

2.      DR. VIRENDRA MAHESHWARI S/O LT. SHRI
        MURLIDHAR MAHESHWARI , AGED ABOUT 72
        YE A R S , LAKSHMIBAI COLONY, PADAV, DIST.
        GWALIOR (MADHYA PRADESH)

                                                            .....RESPONDENTS
        (BY SHRI NITIN GOYAL, COUNSEL FOR THE RESPONDENT
        NO.1/STATE)
        SHRI JITENDRA KUMAR TYAGI, COUNSEL FOR THE RESPONDENT
        NO.2.

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

This petition u/S.482 of Cr.P.C. has been filed seeking quashment of FIR dated 17.10.2021 bearing crime No.443/2021 registered at Police Station Padav,

District Gwalior (M.P.), alleging offences punishable u/Ss. 420 and 406 of IP.C.

It is submitted by learned counsel for the petitioners that respondent No.2 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.

Along with the petition, both the parties have jointly filed IA No.33602/2021 and I.A. No.33603/2022 stating therein that the dispute between the parties has been resolved and they have entered into compromise with no intention to pursue the matter further. The application is supported by affidavits of petitioner nos.1, 2,3,4 and complainant/respondent no.2.

In compliance of the order dated 22.12.2021 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statements of complainant/respondent No.2- Dr. Virendra Maheshwary and accused/petitioner No.1- Ajeet Kumar Jain, accused/petitioner No.2- Vimal Kumar @ Vimal chand accused/petitioner No.3 Anikant Jain, and accused/petitioner No.4 Smt. Varsha Jain 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 420 and 406 of I.P.C. are 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 resolved their dispute as well as the nature of offence which cannot be said to be an offence against the society at large, FIR in Crime No.443/2021 registered at Police Station Padav, District Gwalior (M.P.) for the offences punishable under Sections 420 and 406 of the IPC and all other consequential proceedings are hereby quashed.

Petition stands allowed accordingly.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Van

VANDANA VERMA 2022.03.10 18:08:25

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