Banti @ Dushyant Tyagi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4285 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                          BEFORE
      HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                 ON THE 28th OF MARCH, 2022

           MISC. CRIMINAL CASE No. 8105 of 2022

     Between:-
1.   BANTI @ DUSHYANT TYAGI S/O SHRI
     RAJARAM TYAGI, AGED ABOUT 42 YEARS,
     CHACHIHA, BAGCHINI (MADHYA PRADESH)

2.   RAMDAYAL @ HEVENDRA TYAGI S/O SHRI
     RAJARAM TYAGI, AGED ABOUT 52 YEARS,
     R/O SADAR BAGHCHINI , MORENA (M.P.)
     (MADHYA PRADESH)

3.   I N D R ALAL TYAGI S/O SHRI RAMSINGH
     TYAGI, AGED ABOUT 55 YEARS, R/O SADAR
     BAGHCHINI, MORENA (M.P.) (MADHYA
     PRADESH)

4.   KAMLESH TYAGI S/O SHRI LAKHAN TYAGI ,
     AGED   ABOUT   45   YEARS, R/O SADAR
     BAGHCHINI, MORENA (M.P.) (MADHYA
     PRADESH)

5.   RAMVEER TYAGI S/O SHRI LAKHAN TYAGI ,
     AGED   ABOUT   38   YEARS, R/O SADAR
     BAGHCHINI , MORENA (M.P.) (MADHYA
     PRADESH)

6.   DHEERAJ TYAGI S/O SHRI LAKHAN TYAGI ,
     AGED   ABOUT    30  YEARS, R/O SADAR
     BAGHCHINI , MORENA (M.P.) (MADHYA
     PRADESH)

                                               .....PETITIONERS
     (BY SHRI DEVENDRA SHARMA, ADVOCATE )

     AND

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

2.   RAMKUMAR         TYAGI  S/O    SHRI
     DAMODARPRASAD TYAGI , AGED ABOUT 55
     YEARS, R/O SADAR BAGHCHINI , MORENA
     (M.P.) (MADHYA PRADESH)

                                              .....RESPONDENTS
     (BY SHRI PURUSHOTTAM TANWAR, PANEL LAWYER FOR THE
     STATE)
     (BY SHRI VISHAL SINGH BHADORIYA, ADVOCATE FOR
     RESPONDENT NO.2)
                                     2


                                    ORDER

T hi s petition under Section 482 of CrPC has been filed for quashing the FIR registered in Crime No.377/2021 at Police Station Bagchini, District Morena (M.P.) for the offences punishable under Sections 294, 323, 336, 506 and 34 of the IPC and all consequential

proceedings arising out of it.

Along with the petition, I.A.No.2571/2022 has also been filed jointly by the petitioners as well as respondent No.2 respectively. The application is duly signed by both the parties and is supported by affidavits of respective parties.

In compliance of the order dated 28/02/2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent No.2- Ramkumar Tyagi as well as petitioners, 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, 506, 34 of IPC are compoundable, but Sections 294 and 336 of IPC are not compoundable.

I t is submitted by learned counsel for the petitioners that respondent No.2/complainant 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.

Learned counsel appearing for respondent No.2/complainant has no objection to the prayer made on behalf of the petitioners in regarding the quashment of FIR as well as other consequential criminal proceedings.

Heard learned counsel for the parties and perused the documents available on record as well as verification report submitted by Principal

Registrar of this Court.

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 resolved their dispute a s well as the nature of offence which cannot be said to be an offence against the society at large, this Court allows this petition with a direction that the proceedings of Crime No.377/2021 at Police Station Bagchini, District Morena (M.P.) for the offences punishable under Sections 294, 323, 336, 506 and 34 of the IPC and all consequential

proceedings arising out of it are hereby quashed.

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

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Prachi

PRACHI MISHRA 2022.03.30 11:50:32 +05'30'