Omkar Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 3773 MP

                                   1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                          ON THE 16th OF MARCH, 2022

                 MISC. CRIMINAL CASE No. 1261 of 2022

        Between:-
1.      OMKAR SONI S/O MOHAN LAL SONI , AGED
        ABOUT 43 YEARS, OCCUPATION: PVT. SCHOOL
        SANCHALAK HANUMANGADI       KA MANDIR
        CHHOTA BAZAR DATIA (MADHYA PRADESH)

2.      RAKESH YADAV S/O SHRILAL YADAV , AGED
        ABOUT 45 YEARS, OCCUPATION: KASTKARI
        GRAM GARERA TEHSIL AND DISTT. DATIA
        (MADHYA PRADESH)

3.      VIJAYRAM   SHARMA S/O     SHRI  RAMESH
        CHANDRA SHARMA , AGED ABOUT 33 YEARS,
        OCCUPATION: PRIVATE JOB BALAJI NAGAR
        UNNAV ROAD DATIA (MADHYA PRADESH)

4.      DURGAPRASAD YADAV S/O SHRI BHURELAL
        YADAV , AGED ABOUT 60 YEARS, OCCUPATION:
        KASTKARI NANDAN SEEPRI BAZAR JHANSI
        (UTTAR PRADESH)

                                                                 .....PETITIONER
        (BY SHRI RAJEEEV BUDHOLIYA, COUNSEL FOR THE
        PETITIONERS)

        VS.

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

2.      RATIRAM AHIRWAR S/O SHRI DALUA AHIRWAR ,
        AGED ABOUT 60 YEARS, GRAM UDGAWA DERA PS
        JIGNA DISTT. DATIA (MADHYA PRADESH)

                                                               .....RESPONDENTS
        (BY SHRI AWADESH PARASHAR, COUNSEL FOR THE RESPONDENT
        NO.1/STATE.
        SHRI YOGENDRA SHRIVASTAVA, 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.123/2021 registered at Police Station Kotwali Datia, District Datia (M.P.) for the offences punishable under Sections 420, 467, 468, 471, 120-B of the IPC and Sections 3(2)(v), 3(2) (va) of Atrocities Act and the criminal proceedings

of Special Case No.134/2021 emanating therefore pending on the file of Special Judge (Atrocities) Datia, on the basis of compromise arrived at between the parties.

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

have 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, an application being I.A. No.307/2022 has also been filed by the petitioners and respondent No.2 respectively. The application is duly signed by the parties and is supported by affidavits of respective parties.

I n compliance of the order dated 03.02.2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statements of respondent No.2- Ratiram Ahirwar as well as petitioners No.1 Omkar Soni, No.2 Rakesh Yadav, No.3 Vijayram Sharma. But accused/applicant No.4 Durga Prasad Yadav was not present because he is confined in District Jail Datia. The Principal Registrar 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 is compoundable but Sections 467, 468, 471, 120-B of IPC and Sections 3(2) (v), 3(2) (va) of Atrocities Act 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 petition with a direction that the proceedings of Crime No.123/2021 registered at Police Station Kotwali Datia, District Datia for offence under Sections 420, 467, 468, 471, 120-B of the IPC and Sections 3(2)(v), 3(2) (va) of Atrocities Act and the criminal proceedings of aforesaid Special case No.134/2021 are hereby quashed.

If any amount is paid to the victim under the special scheme of Government while registering offence under Sections 3(2)(v), 3(2) (va) of Atrocities Act be refunded back as per rules.

This petition filed under Section 482 of CrPC stands disposed of in the aforesaid terms.

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Van VANDANA VERMA 2022.03.16 16:02:24 -07'00'