Madhya Pradesh High Court
Arvind Sharma vs The State Of Madhya Pradesh on 4 December, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 4 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 40983 of 2023
BETWEEN:-
1. ARVIND SHARMA S/O SHRI KAMLESH SHARMA, AGED
ABOUT 45 YEARS, OCCUPATION: AGRI. KESHAR BABA
MOHALLA WARD NO 6 BILOWA GWALIOR MP (MADHYA
PRADESH)
2. KRISHNA KUMAR SHARMA @ PINKI S/O SHRI JAGDISH
PRASAD SHARMA, AGED ABOUT 55 YEARS, OCCUPATION:
SOCIAL WORKER KESHAR BABA MOHALLA WARD NO. 6
BILLOWA GWALIOR (MADHYA PRADESH)
3. PUSHPENDRA SHARMA S/O SHRI AJAY SHARMA, AGED
ABOUT 30 YEARS, OCCUPATION: STUDENT KESHAR BABA
MOHALLA WARD NO. 6 BILLOWA GWALIOR (MADHYA
PRADESH)
4. SHIV KUMAR SHARMA S/O SHRI JAGDISH PRASAD
SHARMA, AGED ABOUT 48 YEARS, OCCUPATION: SERVICE
KESHAR BABA MOHALLA WARD NO. 6 BILLOWA
GWALIOR (MADHYA PRADESH)
5. AVINASH SHARMA S/O SHRI AJAY SHARMA, AGED ABOUT
28 YEARS, OCCUPATION: STUDENT KESHAR BABA
MOHALLA WARD NO. 6 BILLOWA GWALIOR (MADHYA
PRADESH)
6. MANVENDRA SHARMA S/O SHRI AJAY SHARMA, AGED
ABOUT 33 YEARS, OCCUPATION: PRIVATE SERVICE
KESHAR BABA MOHALLA WARD NO. 6 BILLOWA
GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ATUL GUPTA AND SHRI NIRMAL SHARMA - ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION BILOWA (MADHYA
PRADESH)
2
2. LAKHAN CHAURASIYA S/O SHRI MURAILAL CHAURASIYA,
AGED ABOUT 32 YEARS, OCCUPATION: SOCIAL WORKER
AND AGRICULTURIST BADA MANDIR WARD NO 5
BILLOWA DISTRICT GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
BY SHRI R.S. KUSHWAH - DY. A.G. FOR RESPONDENT NO.1/STATE
BY SHRI R.K. SHARMA - SENIOR ADVOCATE WITH SHRI G.P. CHOURASIA, MS.
BHAVYA SHARMA, SHRI ABHIJEET SINGH TOMAR - ADVOCATES FOR
RESPONDENT NO.2. )
T h is application coming on for admission this day, t h e cou rt passed the
following:
ORDER
With consent heard finally.
1. The instant petition preferred under Section 482 of Cr.P.C. by the petitioners
for quashing of FIR bearing Crime No.246/2023 registered at Police Station Billowa,
District Gwalior for the offence punishable under Sections 307, 341, 323, 294, 147, 148
of IPC and all consequential proceedings on the basis of compromise.
2. It is the submission of learned counsel for petitioners and respondent No.2 that
they are neighbours and resided at village Biloua, District Gwalior. As per allegations, due
to Panchayat Elections held two years back, parties shared some grudge and therefore
reflected in filing the complaint against present petitioners. This is a case of cross FIR
because present petitioners also filed case against respondent No.2 vide Crime
No.247/2023 for offences under Sections 307, 458, 147, 148, 294 and 506 of IPC at
Police Station Billowa, Gwalior. Therefore, both are suffering wrath of investigation and
now learnt the lesson hard way. If the cases continued then both the parties and their
families shall suffer irreparable loss. Now good sense prevailed over the parties and
because of the fact they share neighbourhood and they want to live peacefully together,
therefore, petitioners and respondent no.2 moved joint application under Section 482 of
Cr.P.C. read with Section 320 of Cr.P.C. for settlement of the dispute and compounding
of the case. Another petition vide M.Cr.C. No.40984/2023 is filed in which present
respondent No.2 as accused has filed the petition along with other co-accused for
settlement of the case. Therefore, both the parties intend to settle the matter once and for
all. They appeared before the Principal Registrar of this Court.
3. It appears that parties agreed to settle the matter and therefore, joint application
vide I.A.No.16842/2023 has been preferred at the instance of parties and they want to
settle the matter. Application is duly signed by respective parties and same is supported
by their affidavits.
4. 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.
5. Learned 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 once and for all.
6 . Heard learned counsel for the parties at length and perused the documents
appended thereto.
7. 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.
8. 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.
9. 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.
10. Although, this is a case for offence under Section 307 of IPC but both the
parties are complainant and accused at the same time in two different cases. No grievous
hurt has been sustained by the victim and both the parties share neighbourhood,
therefore, if any animosity exist then it would haunt them for generation. Therefore, it
would be in the interest of both the families and for the vicinity of both the families to live
peacefully. Therefore, in the peculiar facts and circumstances of the case, this Court
intends to allow the application (I.A. No.16842/2023).
11. Resultantly, the petition is allowed. FIR registered at Crime No.246/2023 at
Police Station Billowa, District Gwalior for the offence punishable under Sections 307,
341, 323, 294, 147, 148 of IPC and all consequential proceedings on the basis of
compromise stands quashed against the petitioners.
12. Petition stands allowed and disposed of in above terms.
13. Copy of this order be sent to the trial Court concerned for compliance.
14. Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Van VANDANA VERMA
2023.12.04
18:08:24 +05'30'
