Madhya Pradesh High Court
Ajay Kumar Tandan vs Chirag on 20 December, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 20 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 37659 of 2023
BETWEEN:-
AJAY KUMAR TANDAN S/O SHRI JANAKSINGH, AGED
ABOUT 22 YEARS, OCCUPATION: STUDENT, R/O 203
AKANKSHA APARTMENT CITY CENTER GWALIOR MUL
NIWASI GRAM THARA DISTRICT MORENA (MADHYA
PRADESH)
.....PETITIONER
(MR. JITENDRA DIXIT - ADVOCATE FOR PETITIONER)
AND
1. CHIRAG S/O SHRI RAMRATAN JEVRIYA, AGED
ABOUT 39 YEARS, R/O 405 406 TOWER NO 5
RUSTAM OJON GOREGAON MULUND LINK ROAD
GOREGAON WEST MUMBAI (MAHARASTRA)
(MAHARASHTRA)
2. KULJEET CHAUHAN S/O SHRI YASHPAL SINGH
CHAUHAN, AGED ABOUT 46 YEARS, TIVSHA,
ASHUTOSH JHALA KA PLOT NO. A 2204, 22V
FLOOR, RUSTAM JI ELEJA, COOPERATIVE
HOUSING SOCIETY LIMITED OF MALAD LINK
ROAD, MALAD WEST MUMBAI (MAHARASHTRA)
3. THE STATE OF MP THROUGH POLICE STATION
CRIME BRANCH DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS NO. 1 AND 2 EVEN THROUGH
VAKALATNAMA HAS BEEN FILED ON BEHALF OF RESPONDENTS NO. 1
AND 2. & MR. DHEERAJ BUDHOLIYA - PANEL LAWYER FOR
RESPONDENT/STATE)
This application coming on for Admission this day, the court passed the
following:
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 12/21/2023
9:57:50 AM
2
ORDER
This petition under Section 482 of CrPC has been filed for quashing the
FIR in connection with Crime No.75 of 2022 registered at Police Station Crime
Branch, District Gwalior against the respondents No. 1 and 2 for the offences
punishable under Sections 420 and 409 of IPC and Section 66(d) of I.T. Act
and all consequential proceedings arising out of it.
I.A.No.15557 of 2023 and I.A. No.15560 of 2023 have also been filed
jointly by the petitioner as well as respondents no.1 and 2. The application is
duly signed by both the parties and are supported by affidavits of respective
parties.
In compliance of the order dated 01.12.2023 passed by this Court, the
factum of compromise has been verified by the Principal Registrar of this
Court, who has recorded statement of respondents no.1 and 2 as well as
complainant/petitioner and has submitted a report that the parties have arrived at
compromise voluntarily without any threat, inducement and coercion.
It is submitted by learned counsel for the petitioner that petitioner has
entered into a compromise with the respondents No. 1 and 2 and, therefore, the
present petition has been filed for compounding the offence on the basis of
compromise.
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.
In the light of the judgments passed by the Supreme Court in the cases
of Ramavtar Vs. State of M.P. reported in 2021 SCC OnLine SC 966,
Gian Singh vs. State of Punjab, [(2012) 10 SCC 303], and Narinder
Singh & Ors. vs. State of Punjab & Anr., [(2014) 6 SCC 466] , 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, 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 proceedings of Crime
No.75 of 2022 registered at Police Station Crime Branch, District Gwalior
against the respondents No. 1 and 2 for the offences punishable under Sections
420 and 409 of IPC read with Section 66(d) of I.T Act and all consequential
proceedings arising out of it are hereby quashed.
This petition filed under Section 482 of CrPC stands disposed of in
above terms.
CC as per rules.
(SUNITA YADAV)
JUDGE
(LJ*)
