Gurjeet Singh Bhola vs The State Of Madhya Pradesh
2022 Latest Caselaw 3680 MP

           THE HIGH COURT OF MADHYA PRADESH
                          M.Cr.C. No.8306/2020
          (Gurjeet Singh Bhola Vs. State of M.P. and anr.)
Gwalior, dated : 15.3.2022

      Shri Yogesh Chaturvedi, learned counsel for the petitioner.

      Shri Lokendra Shrivastava, learned Public Prosecutor for

respondents/State.

Shri D.S. Rajawat, learned counsel for respondent No.2.

The present petition has been preferred by the petitioner under

Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR

crime No.390/2019 registered at police Station University, Distt. Gwalior

for the offence punishable under Sections 498-A, 324, 294 of IPC on the

basis of compromise.

It is the submission of counsel for the petitioner that parties intend

to enter into compromise. Petitioner and respondent No.2 are husband

and wife and they want to live together amicably in future 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.390/2019

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

punishable under Sections 498-A, 324, 294 of IPC is quashed.

(Deepak Kumar Agarwal) Judge ojha

YOGENDRA OJHA 2022.02.23 08:12:10 +05'30'