Nitin Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 4310 MP

                                  1
            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. 10940 of 2022

          Between:-
          NITIN SHRIVASTAVA S/O B.S. SHRIVASTAVA ,
          AGED ABOUT 43 YEARS, SHALIMAR CAMPUS
          GULMOHAR COLONY BAWADIYA KALA
          HUZUR (MADHYA PRADESH)

                                                               .....PETITIONER
          (BY SHRI J.S. RATHORE, ADVOCATE )

          AND

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

2.        AWDESH     SINGH   TOMAR   S/O  SHRI
          VISHAMBHAR SINGH TOMAR , AGED ABOUT
          40 YEARS, SANKAT MOCHAN NAGAR MURAR
          (MADHYA PRADESH)

                                                            .....RESPONDENTS
          (BY SHRI PURSHOTTAM TANWAR, PANEL LAWYER)
          (SHRI HYRDESH SONI, ADVOCATE FOR RESPONDENT NO.2 )
                                   ORDER

This petition under Section 482 of CrPC has been filed for quashing the FIR registered in Crime No. 21/2022 at Police Station University District Gwalior (M.P.) for the offences punishable under Sections 420, 406 and 506 of the IPC and all consequential proceedings arising out of it.

Along with the petition, I.A.No.3426/2022 has also been filed jointly by the petitioners as well as respondents No.2. 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, namely, Abdhesh Singh Tomar as well as petitioner namely, Nitin Shrivastava, 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, 406 and 506 of the IPC are compoundable.

It is submitted by learned counsel for the petitioners that respondent No.2 /complainants 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 petitioner 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 o f Crime No. 21/2022 at Police Station University District Gwalior (M.P.) for the offences punishable under Sections 420, 406 and 506 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 2022.03.29 10:50:39 +05'30'