Kartikey Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 12497 MP

                               1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                            BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                 ON THE 19th OF SEPTEMBER, 2022

           MISC. CRIMINAL CASE NO. 60800 OF 2021

     Between:-

     KARTIKEY SHARMA S/O LATE SHRI
     MOHANLAL        SHARMA, AGED
     32 YEARS, RESIDENT OF D-37 DALWI
     COLONY, DISTRICT GUNA (MADHYA
     PRADESH)


                                             ........PETITIONER

     (BY SHRI SUMIT KUMAR MISHRA - ADVOCATE)

     AND

1.   THE STATE OF MADHYA PRADESH
     THROUGH OFFICER-IN-CHARGE,
     POLICE STATION GUNA KOTWALI
     DISTRICT GUNA(MADHYA PRADESH)

2.   DEEPAK KUMAR SHARMA S/O LATE
     SHRI PRAYAG NARAYAN SHARMA,
     AGED 35 YEARS, RESIDENT OF M-33
     VIVEK COLONY CANT. GUNA, DISTRICT
     GUNA (MADHYA PRADESH)

                                           ........RESPONDENTS

     (BY SHRI NITIN GOYAL - PANEL LAWYER FOR
     RESPONDENT NO.1/STATE)

     (BY BHAGWAT SHARMA - ADVOCATE FOR RESPONDENT
     NO.2/COMPLAINANT)
                                            2

----------------------------------------------------------------------------------------

       This application coming on for hearing this day, the Court passed

the following:

                                       ORDER

The present petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR registered at Crime No.471/2021 at Police Station Guna Kotwali Guna (Madhya Pradesh) for the offence under Sections 336 of IPC and entire criminal proceedings as per compromise between the parties.

It is the submission of counsel for the parties that both the parties want to settle the matter and they want to bury the dispute once and for all. They intend to enter into the compromise therefore, applications by way of I.A.No.32992/2021 and I.A.No.32994/2021 have been preferred. Parties fairly submit that they want to give peace a chance and for that they want to settle their dispute inter se. Under the direction of this Court, the factum of compromise entered into between the parties has been verified by the Principal Registrar of this Court and according to the said report, parties settled the matter and intended to compromise the matter. In pursuance to the direction of this Court, Rs.5000/- has already been deposited by the petitioner in favour of Juvenile Justice fund, receipt of which is attached.

Parties intended to serve the society in meaningful manner to purge their guilt and to reform themselves from their inner soul, therefore, expressed their desire to perform community service by way of deposit to serve National/Social cause.

A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bona fide 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.

According to Section 320 of Cr.P.C. the offence under Section 336 of IPC is not compoundable, but since matter has been settled between the parties, therefore, permission to compound the offence is accorded. 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 vide I.A.No. I.A.No.32992/2021 and I.A.No.32994/2021 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

Resultantly, the petition is allowed. FIR registered at Crime No.471/2021 at Police Station Guna Kotwali Guna (M.P.) for the offence under Section 336 of IPC and entire criminal proceedings as per the compromise between the parties.

Petition stands allowed and disposed of in above terms. Copy of this order be sent to the trial Court concerned for compliance.

One copy be sent to Secretary, Juvenile Justice Committee of M.P. High Court at Jabalpur for information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE AK/-

ANAND KUMAR 2022.09.21 09:47:56 +05'30'