Dharmendra Tyagi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4332 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. 6647 of 2022

        Between:-
1.      DHARMENDRA TYAGI S/O RAMKUMAR
        TYAGI , AGED ABOUT 28 YEARS, VILL.
        CHACHIHA BAGHCHINI (MADHYA PRADESH)

2.      RAMGOVIND      TYAGI     S/O     SHRI
        DAMODARPRASAD TYAGI , AGED ABOUT 58
        YEARS, SADAR BAGHCHINI DISTT. MORENA
        (MADHYA PRADESH)

3.      RAMNARESH       TYAGI      S/O     SHRI
        DAMODARPASAD TYAGI , AGED ABOUT 58
        YEARS, VILLAGE BAZARIA P.S. ATER DISTT.
        BHIND (MADHYA PRADESH)

4.      RAMKUMAR       TYAGI     S/O     SHRI
        DAMODARPRASAD TYAGI , AGED ABOUT 55
        YEARS, SADAR BAGHCHINI DISTT. MORENA
        (MADHYA PRADESH)

                                                          .....PETITIONERS
        (BY SHRI VISHAL SINGH BHADORIYA, ADVOCATE)

        AND

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

2.      DUSHYANT TYAGI S/O SHRI RAJARAM TYAGI
        ,  AGED   ABOUT     42  YEARS, VILLAGE
        CHACHIHA BAGHCHINI DISTT. MORENA
        (MADHYA PRADESH)

3.      RAJARAM TYAGI S/O BAGHWANLAL TYAGI ,
        AGED ABOUT 72 YEARS, VILLAGE CHACHIHA
        BAGHCHINI DISTT. MORENA (MADHYA
        PRADESH)

                                                        .....RESPONDENTS
        (BY SHRI PURUSHOTTAM TANWAR FOR RESPONDENT STATE)
        (BY SHRI DEVENDRA SHARMA, ADVOCATE FOR
        RESPONDENTS NO.2 & 3 )
                                 ORDER

This petition under Section 482 of CrPC has been filed for quashing the FIR registered in Crime No.373/2021 at Police Station Bagchini, District Morena (M.P.) for the offences punishable under Sections 294, 323, 324,

506 and 34 of the IPC and all consequential proceedings arising out of it.

Along with the petition, I.A.No.2075/2022 has also been filed jointly by the petitioners as well as respondents No.2 & 3 respectively. The application is duly signed by both the parties and is supported by affidavits of respective parties.

In compliance of the order dated 24/02/2022 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 and 3, namely, Dushyant Tyagi and Rajaram Tyagi as well as petitioners No.1 to 4, namely, Dharmendra Tyagi, Ramgovind Tyagi, Ramnaresh Tyagi and Ramkumar Tyagi respectively, 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 324 of IPC are not compoundable.

It is submitted by learned counsel for the petitioners that respondent No.2 and 3/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 and 3 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.373/2021 at Police Station Bagchini, District Morena (M.P.) for the offences punishable under Sections 294, 323, 324, 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 2022.03.29 12:06:40 +05'30'