Madhya Pradesh High Court
Shivkumar Pahva vs The State Of Madhya Pradesh on 7 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 7 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 52552 of 2023
BETWEEN:-
1. SHIVKUMAR PAHVA S/O SHRI MOOLKHRAJ
PAHVA, AGED 53 YEARS, OCCUPATION: BUSINESS
R/O PAHVA KUTHIR SHINDE KI CHHAWANI
RAMBAG BASTI KE PASS LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
2. KAVITA PAHWA W/O SHRI SHIVKUMAR PAHWA,
AGED 51 YEARS, OCCUPATION: HOUSEWIFE R/O
PAHWA KUTIR PAJWANI RAMBAG BASTI PARDI
MOHALLA SHINDE KI CHHAWNI LASHKAR
DISTRICT GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ABDHESH SINGH TOMAR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE THANA THATIPUR DISTRICT GWALIOR
(MADHYA PRADESH)
2. PRASHANT CHATURVEDI S/O SHRI MURLIDHAR
CHATURVEDI, AGED 46 YEARS, OCCUPATION:
HOUSEWIFE R/O 43 SARAFA BAZAR GIRD
LASHKAR DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MAN SINGH JADON- GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE ).
(BY MS. SHAILEY KUSHWAH - ADVOCATE FOR RESPONDENT
NO.2/COMPLAINANT)
This application coming on for admission this day, the court passed the
following:
ORDER
With consent heard finally.
1. The present petition under Section 482 of Cr.P.C. has been filed by
the petitioners seeking quashment of FIR registered at Police Station Thatipur,
District Gwalior vide Crime No.737/2023 for the offence punishable under
Section 420 of IPC as well as entire proceedings arising out of it.
2 . It appears that parties agreed to settle the matter and therefore,
applications vide I.A.No.21435/2023 and I.A. No.21436/2023 have been
preferred at the instance of parties and they want to settle the matter.
Applications are duly signed by respective parties and same are supported by
their affidavits.
3 . T he Principal Registrar of this Court has duly verified the parties,
contents of applications, 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.
4 . Learned Government Advocate for the respondent No.1/State
opposed the prayer and prayed for rejection of the petition.
5. Learned counsel for the complainant argued in support of petitioners'
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. To preserve the resources and bonhomie created between the parties
arises out of settlement, in the interest of justice, applications for compounding
the offence vide I.A.No.21435/2023 and I.A. No.21436/2023 are allowed
because no fruitful purpose would be served in continuation of trial. Thus,
parties are permitted to compound the offences.
11. Resultantly, the petition is allowed. FIR registered at Crime
No.737/2023 at Police Station Thatipur, District Gwalior for the offence
punishable under Section 420 of IPC as well as entire proceedings in
furtherance thereto, if any, are hereby quashed as per the compromise arrived
between the parties.
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
Vishal
