Jagjeet Singh @ Jaggi vs The State Of Madhya Pradesh
2022 Latest Caselaw 12089 MP

                                                  1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                                 BEFORE
                                    HON'BLE SMT. JUSTICE SUNITA YADAV
                                      ON THE 12th OF SEPTEMBER, 2022

                                 MISC. CRIMINAL CASE No. 42146 of 2022

                           BETWEEN:-
              1.           JAGJEET SINGH @ JAGGI S/O MAHENDRA
                           SINGH, AGED ABOUT 40 YEARS, OCCUPATION:
                           AGRICULTURE GRAM BHORI POST BHORI P.S.
                           CHINNOR (MADHYA PRADESH)

              2.           SARVJEET SINGH @ SETHI S/O MAHENDRA
                           SINGH, AGED ABOUT 36 YEARS, GRAM BHORI,
                           POST BHORI, POLICE STATION CHINNORE,
                           GWALIOR (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI KESHAV PATHAK, ADVOCATE)

                           AND
              1.           THE STATE OF MADHYA PRADESH THR.
                           INCHARGE POLICE STATION POLICE STATION
                           CHINNORE (MADHYA PRADESH)

              2.           JAKIR HUSSAIN S/O SULTAN JHA, AGED ABOUT
                           36 YEARS, GRAM CHHATRI KA PURA, GALETHA
                           , TEHSIL JOURA, MORENA AT PRESENT JHEEL
                           BADERA, BHORI, POLICE STATION CHINORE ,
                           GWALIOR (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                           ( MS. PADAMSHRI AGARWAL, PANEL LAWYER FOR
                           RESPONDENT NO. 1/STATE)

                      This application coming on for hearing this day, the court passed the
             following:
                                                   ORDER

This petition under Section 482 of Cr.P.C. has been filed for quashing of Signature Not Verified the FIR registered in Crime No. 151/2022 at Police Station Chinore, District Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 14-09-2022 10:49:23 AM Gwalior for the offence punishable under Sections 323, 294, 506, 324 r/w

section 34 of IPC and section 3(1) (da), 3(1)(gha), 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Along with the petition, I.A.No.13654/2022 and I.A. No.13655/2022 have also been filed by the petitioners as well as respondent No.2. The applications are duly signed by both the parties and are supported by affidavits of respective parties.

In compliance of the order dated 05.09.2022 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 as well as petitioners and 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 Cr.P.C., the offence under Sections 323, 506, 34, 294 of IPC are compoundable, but Section 324 of IPC and section 3(1) (da), 3(1)(gha), 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not compoundable.

It 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.

Respondent No.2/complainant has no objection to the prayer made on behalf of the petitioner.

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.

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR In the light of the judgments passed by the Supreme Court in the cases of Signing time: 14-09-2022 10:49:23 AM 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 as 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 FIR registered in Crime No. 151/2022 at Police Station Chinore, District Gwalior for the offence punishable under Sections 323, 294, 506, 324 r/w section 34 of IPC and section 3(1) (da), 3(1)(gha), 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against accused/petitioners is hereby quashed.

This petition filed under Section 482 of Cr.P.C. stands disposed of in above terms.

CC as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 14-09-2022 10:49:23 AM