Ajay Kumar Tandan vs Subhash Chandra Jivariya
2023 Latest Caselaw 21927 MP

Madhya Pradesh High Court

Ajay Kumar Tandan vs Subhash Chandra Jivariya 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. 21280 of 2023

                           BETWEEN:-
                           AJAY KUMAR TANDAN S/O SHRI JANAKSINGH, AGED
                           ABOUT 22 YEARS, OCCUPATION: STUDENT, R/O 203
                           AKANKSHA APARTMENT CITY CENTER GWALIOR
                           PERMANENT R/O VILLAGE THARA DISTRICT MORENA
                           (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (MR. JITENDRA DIXIT - ADVOCATE FOR PETITIONER)

                           AND
                           1.    SUBHASH CHANDRA JIVARIYA S/O SHRI
                                 RAMRATAN JEVARIYA, AGED ABOUT 53 YEARS,
                                 R/O E/147 SECTOR 52 NOIDA GAUTAMBUDDH
                                 NAGAR UP (UTTAR PRADESH)

                           2.    SOURABH JEWARIYA S/O SHRI SUBHAS, AGED
                                 ABOUT 27 YEARS, OCCUPATION: BUSINESS, R/O E-
                                 147 SECTOR -52 NOIDA GAUTAMBHUDDHA
                                 NAGAR U.P. (UTTAR PRADESH)

                           3.    SHUBHAM JEWARIYA S/O SHRI SUBHASH
                                 JEWARIYA, AGED ABOUT 25 YEARS, R/O E-147
                                 SECTOR -52 NOIDA GAUTAMBHUDDHA NAGAR
                                 U.P. (UTTAR PRADESH)

                           4.    THE STATE OF MP THROUGH POLICE STATION
                                 CRIME BRANCH DISRICT GWALIOR (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (NONE FOR THE RESPONDENT NO. 1 TO 3, EVEN THOUGH
                           VAKALATNAMA HAS BEEN FILED ON BEHALF OF RESPONDENTS NO. 1
                           TO 3.)

                                 This application coming on for Admission this day, the court passed the

Signature Not Verified
                           following:
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 to 3 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.8723 of 2023 and I.A. No.8724 of 2023 have also been filed jointly by the petitioner as well as respondents no.1 to 3. 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 to 3 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 to 3 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 to 3 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*)