Manish Kourav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3882 MP

                                  1
         IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
     HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                      ON THE 21st OF MARCH, 2022
                 MISC. CRIMINAL CASE No. 7283 of 2022

           Between:-
           MANISH KOURAV S/O BHARAT SHARAN
           , AGED ABOUT 24 YEARS, OCCUPATION:
           PRIVATE JOB GRAM CHEENA TEHSIL
           SEONDHA PS       THARET   (MADHYA
           PRADESH)

                                                          .....PETITIONER
           (BY SHRI A.K. GUPTA, ADVOCATE )

           AND

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

2.         AKASH KOURAV S/O SHRI DASHRATH
           SINGH KOURAV , AGED ABOUT 18
           YEARS, OCCUPATION: STUDENT GRAM
           CHEENA P.S. THARET DISTT. DATIA
           (MADHYA PRADESH)

                                              .....RESPONDENTS
           ( RESPONDENT NO. 1 /STATE BY SHRI DHIRAJ
           BUDHOLIYA, PANEL LAWYER )
           ( RESPONDENT NO. 2 BY SHRI ASHIRWAD DWIVEDI,
           ADVOCATE )
      This petition/application is coming on for hearing this day, the court
passed the following:
                                  ORDER

I.A. No. 3068/2022, an application for amendment in the memo of petition is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel for the petitioner is permitted to carry out necessary amendment in the memo of petition during course of the day This petition under Section 482 of CrPC has been filed for quashing the

FIR in Crime No.64/2021 registered at Police Station Tharet, District Datia (M.P.) for the offences punishable under Sections 324, 323, 504, added section 326 of the IPC as well as criminal proceedings of R.C.T. 829/2021 pending before Judicial Magistrate First Class, Seconda, District Datia, on the

basis of compromise arrived at between the parties.

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, an application being I.A. No.2266/2022 has also been filed by the petitioner and respondent No.2 respectively. The application is duly signed by the parties and is supported by affidavits of respective parties.

In compliance of the order dated 09.02.2022 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- Akash Kaurav as well as petitioner Manish Kaurav. 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 323, 504 of IPC are compoundable, but Sections 324, 326 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 petition with a direction that the proceedings of Crime No.64/2021 registered at Police Station Tharet, District Datia (M.P.) for the offences punishable under Sections 324, 323, 504, added

section 326 of the IPC as well as criminal proceedings of R.C.T. 829/2021 pending before Judicial Magistrate First Class, Seconda, District Datia are hereby quashed.

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

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Durgekar Digitally signed by SANJAY NAMDEORAO

SANJAY DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

NAMDEOR COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc277

AO 608ce55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5 A13CA996C4169AB06, serialNumber=1190D1488DBA862FB108ED

DURGEKAR 66262DC2DC2CB9D310D73128B3A6E7B046 FCF28227, cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.03.21 17:25:04 +05'30'