Rishab Saxena vs The State Of Madhya Pradesh
2022 Latest Caselaw 3601 MP

             THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.63794/2021
        (Rishabh Saxena & Anr. Vs. State of M.P. and Anr.)
Gwalior, dated : 14.3.2022

      Shri Manish Sharma, learned counsel for the petitioners.

      Shri     Anil   Shukla,    learned     Public    Prosecutor     for

respondents/State.

The present petition has been preferred by the petitioners

[Rishab Saxena (accused in both the FIRs) and Smt. Kajal Saxena

(complainant)] under Section 482 of the Code of Criminal Procedure,

1973 for quashing of FIR crime No.804/2021 registered at police

Station Morar, Distt. Gwalior for the offence punishable under

Sections 498-A, 323, 507, 506 of IPC and Sections 3/4 of the Dowry

Prohibition Act and FIR crime No.976/2021 registered at police

Station Morar, Distt. Gwalior for the offence punishable under

Sections 195-A and 506 of IPC on the basis of compromise.

It is the submission of counsel for the petitioners that parties

intend to enter into compromise and 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 criminal proceedings in such matter will be a

futile exercise which will serve no purpose. Further the ingredients are

not so heinous, therefore, permission to compound the offence is

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.

Resultantly, the petition is allowed and FIR crime No.804/2021

registered at police Station Morar, Distt. Gwalior for the offence punishable under Sections 498-A, 323, 507, 506 of IPC and Sections

3/4 of the Dowry Prohibition Act and FIR crime No.976/2021

registered at police Station Morar, Distt. Gwalior for the offence

punishable under Section 195-A and 506 of IPC are quashed so far as it

relates to petitioner No.1.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.03.14 17:52:34 +05'00'