Madhya Pradesh High Court
Manish Richhariya vs The State Of Madhya Pradesh on 1 November, 2022
Author: Anand Pathak
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 1st OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 34978 of 2022
BETWEEN:-
MANISH RICHHARIYA S/O SHRI RAMDAS
RICHHARIYA, AGED ABOUT 39 YEARS,
OCCUPATION - BUSSINESS, R/O 69
ADARSHPURAM BHIND ROAD GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ROHIT JAIN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
1. THROUGH POLICE STATION KOTWALI
GWALIOR (MADHYA PRADESH)
LT AJEET MASTER S/O TUNNI MASTER @
MOHHAMMAD BEG THROUGH LRS
KALLU @ WASHIR BEG S/O AJEET
2.
MASTER NEAR MASTAN BABA KI
DARGAH, GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI NITIN GOYAL - PANEL LAWYER AND SHRI MOHIT
SHIVHARE - ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, the court passed
the following:
ORDER
With consent heard finally.
By way of this petition filed under Section 482 of the Code
of Criminal Procedure on the basis of compromise arrived at
between the parties, the petitioner has prayed for qushment of
complaint vide ST No.461/2017 pending before VII ASJ Gwalior
for the offence under Sections 420, 467, 468 and 471 of IPC and
other consequential proceedings.
It appears that parties agreed to settle the matter and therefore,
joint applications I.A.No.11181/2022 and I.A.No.11182/2022 have
been preferred at the instance of parties and they want to settle the
matter. Applications are duly signed by respective parties and same is
supported by their affidavits.
The Principal Registrar of this Court has duly verified the
parties, contents of application, intent and signatures of parties.
Report is attached, same is perused and it appears that compromise
has been reached between the parties voluntarily without any threat,
inducement and coercion.
Learned counsel for the respondent No.1/State opposed the
prayer and prayed for rejection of the petition.
Counsel for the complainant argued in support of petitioner's
prayer for compromise. He referred affidavit filed by the complainant
and is ready to settle the matter.
Heard learned counsel for the parties at length and perused the
documents appended thereto.
A Lean Compromise is better than a Fat Law Suit, instant
efforts of the parties indicate the same. It is expected that their
bonafide 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
which will serve no purpose. 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.11181/2022 and
I.A.No.11182/2022 are allowed because no fruitful purpose would be
served in continuation of trial. Thus, parties are permitted to
compound the offence.
This Court gave suggestions to the petitioner to rise to the
occasion and try to make some efforts and sincere endeavors for
betterment of the country and environment. Considering the
suggestions and after due contemplation, he already deposited
Rs.10,000/- (Rupees Ten Thousand Only) in favour of Juvenile
Justice Fund having Saving Bank Account No. 60411029562 of
Bank of Maharashtra, Branch Govindpura, Bhopal, IFSC
Code MAHB0001988 (a statutory fund created for the welfare
of juveniles).
Resultantly, the petition is allowed. C omplaint vide ST
No.461/2017 pending before VII ASJ Gwalior for the offence under
Sections 420, 467, 468 and 471 of IPC and other consequential
proceedings in furtherance thereto, if any, are hereby quashed.
Petition stands allowed and disposed of in above terms.
(Anand Pathak)
Ashish* Judge
ASHIS
H
Digitally signed by ASHISH CHAURASIA
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BENCH GWALIOR, ou=HIGH COURT OF MADHYA
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st=Madhya Pradesh,
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CHAU
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serialNumber=A926F3CBF979ECA6A4C477577EE
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cn=ASHISH CHAURASIA
Date: 2022.11.02 10:52:19 -07'00'
RASIA
