Shailendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4025 MP

         THE HIGH COURT OF MADHYA PRADESH
                         1                       M.Cr.C.No.57169/2021


         Shailendra Singh & Ors. Vs. State of M.P. & Anr.
Gwalior Bench Dated; 23.03.2022
      Shri Omendra Singh Kushwaha, learned counsel for the
petitioners.
      Shri Kuldeep Singh, learned PP for respondent No.1/State.

None for respondent No.2.

With consent heard finally.

The present petition has been preferred by the petitioners under

Section 482 of the Code of Criminal Procedure, 1973 seeking

quashment of FIR registered at Crime No.503/2018 at Police Station

Maharajpura, District Gwalior and proceedings of S.T.No.257/2019

for the offence under Sections 294, 326 and 326/34 of IPC on the basis

of compromise.

It is the submission of counsel for the parties that both the

parties want to settle the matter and they want to bury the dispute once

and for all. They intend to enter into the compromise therefore,

application for compromise by way of I.A. No.535/2022 has been

preferred by the parties. Parties fairly submit that 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. In pursuance to the direction

of this Court, Rs.25,000/- has already been deposited by the petitioners THE HIGH COURT OF MADHYA PRADESH

in favour of Army Central Welfare Fund, receipt of which is attached.

Parties intended to serve the society in meaningful manner to

purge their guilt and to reform themselves from their inner soul,

therefore, expressed their desire to perform community service by way

of deposit to serve National/Social cause.

A Lean Compromise is better than a Fat Law Suit, instant

efforts of the parties indicate the same. It is expected that their bona

fide gestures would continue.

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 trial in such matter will be a futile exercise THE HIGH COURT OF MADHYA PRADESH

which will serve no purpose. Further the ingredients are mainly under

Section 326 of IPC, 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.

To preserve the resources and bonhomie created between the

parties arises out of settlement, in the interest of justice, application for

compounding the offence vide I.A.No.535/2022 is allowed because no

fruitful purpose would be served in continuation of trial. Thus, parties

are permitted to compound the offence.

Resultantly, the petition is allowed. FIR registered at Crime

No.503/2018 at Police Station Maharajpura, District Gwalior and

subsequent proceedings vide S.T.No.257/2019 for the offence under

Sections 294, 326 and 326/34 of IPC stand quashed against the

petitioners.

Principal Registrar of this Court is directed to send a copy of

this order to the Chief of Defence Staff/Ex-officio Secretary to the

Department of Military Affairs in Ministry of Defence, North

Block New Delhi for information purpose about the thoughtfulness of

petitioners towards National Cause.

Petition stands allowed and disposed of in above terms.

                                                           (Anand Pathak)
Anil*                                                          Judge
        ANIL KUMAR
        CHAURASIYA
        2022.03.25
        12:04:12
        -07'00'