Madhya Pradesh High Court
Abhidev Kumar vs The State Of Madhya Pradesh on 21 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
MISC. CRIMINAL CASE No. 50663 of 2023
BETWEEN:-
1. ABHIDEV KUMAR S/O SHRI ROSHANLAL, AGED
ABOUT 25 YEARS, WARD NO 42 SURESHIYA
HANUMANGARH RAJSTHAN (RAJASTHAN)
2. SUMAN VERMA W/O SHRI ABHIDEV BHATI,
AGED ABOUT 26 YEARS, OCCUPATION: HOUSE
WIFE WARD NO 42 SURESIYA HANUMANGARH
(RAJASTHAN)
3. KAMLESH D/O SHRIRAM, AGED ABOUT 17
YEARS, OCCUPATION: MAZDOORI WARD NO. 42
SURESHIYA HANUMANGARH (RAJASTHAN)
.....APPLICANT
(SHRI SHYAM KISHORE MISHRA, LEARNED COUNSEL),
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE THANA
PADAV DISTRICT GWALIOR MP (MADHYA
PRADESH)
2. SHRIDHARLAL ATERIYA S/O LATE SHRI
RAMHET LAL ATERIYA, AGED ABOUT 60 YEARS,
OCCUPATION: GOVT. SERVICE SABALGARH DISTT.
MORENA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI A.K. SHUKLA, LEARNED PP AND SHRI HARISH
SHARMA, LEARNED COUNSEL FOR THE RESPONDENT
[R-2].
--------------------------------------------------------------------------------------
2
Reserved on : 14.12.2023
Pronounced on : 21.12.2023
----------------------------------------------------------------------------------------
This revision having been heard and reserved for judgment,
coming on for pronouncement this day, Justice Sanjeev S Kalgaonkar
pronounced the following:
ORDER
This petition under Section 482 of Cr.P.C. has been filed by the
petitioners seeking quashment of FIR pertaining to Crime No.364 of 2023
registered by PS Padav, District Gwalior for offences punishable under
Sections 384, 389, 34 of IPC with all consequential proceedings thereto,
on the basis of compromise arrived at between the parties.
(2) As per case of prosecution, complainant/respondent No.2
Shridharlal Ateria submitted a written complaint before PS Padav, District
Gwalior on 12.07.2023 to the effect that petitioner No.3 called on his
phone and honey trapped him by talking obscenely. They started meeting
and during the meeting, she took some obscene photographs. On
06.07.2023, she asked the respondent No.2 to come to Gwalior and sent
some money. Therefore, the respondent No.2 sent Rs.1700/- in her account
and came to Gwalior where he stayed in Royal Vilas Hotel. Petitioner No.3
along with her maternal uncle petitioner No.1 and aunt petitioner No.2
demanded Rs.10,00,000/- on the threat of defaming him in society through
his obscene photographs. Therefore, the respondent No.2 gave her
Rs.5,00,000/- immediately and thereafter, he further gave Rs.4,00,000/-
and in lieu thereof, the prosecutrix assured the respondent
No.2/complainant in writing that she will not lodge any FIR against him.
On the basis of written complaint, FIR was registered at Crime No.364 of
2023 by PS Padav, District Gwalior against petitioners for offences
punishable under under Sections 384, 389 and 34 of IPC. Statement of
respondent No.2/complainant and other witnesses under Sections 161 of
CrPC were recorded and investigation is underway.
(3) Learned Counsel for the petitioners submits that the petitioners are
innocent and they have not committed any offence. Present case is nothing
but the counter-blast to the written complaint dated 11-07-2023 submitted
before PS Padav by the petitioner No.3 against the respondent No.2 for
the offence of rape committed on her. She was threatened with implication
in false case by respondent No.2. This fact gets strengthened from the fact
that FIR at Crime No.365 of 2023 registered at P.S. Padav, offence
punishable U/s 376, 506 of IPC and U/s 3/4 of POCSO Act against
respondent No.2 Shridharlal Ateria. Learned counsel submits that the
investigation into allegation of rape is underway against the respondent
No.2/complainant. Still, in view of amicable settlement, they do not wish
to pursue the prosecution in Crime No.365/2023.
(4) During pendency of this petition, IA No.20699 of 2023 under
Section 320(2) of CrPC has been moved stating therein that the parties
have settled the dispute amicably and now they do not wish to pursue the
matter any further. Aforesaid IA is supported by affidavits of petitioners
and affidavit of complainant/respondent No.2. In support of his
contentions, learned counsel for the petitioners places reliance upon the
order passed by Hon'ble Supreme Court dated 10th August, 2022 in
Cr.Appeal No.1217 of 2022 (Kapil Gupta Vs. State of NCT of Delhi
and Another) and by Indore Bench of this Court dated 12th October,
2023 in M.Cr.C.No.10137 of 2023 (Rohit Vs. State of M.P and
Another).
(5) In compliance of the order dated 07-11-2023 passed by this Court,
the factum of compromise has been verified by the Principal Registrar of
this Court, who has recorded the statements of petitioners and
complainant/respondent No.2 and has submitted a report dated 21-11-2023
that the parties have arrived at compromise voluntarily without any threat,
inducement or coercion.
(6) In the cases of 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 Narinder Singh & Others Vs. State of Punjab (2014) 6
SCC 466, the Hon'ble Supreme Court has 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.
(7) After hearing the 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 the prosecution in this matter will be a futile exercise which
will serve no purpose. In the obtaining facts and circumstances of the case,
Section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the
process of law and wasteful exercise by the Courts below.
(8) Consequently, in view of law laid down by Hon'ble Apex Court in
cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 302 and
Narinder Singh and Others Vs. State of Punjab (2014) 6 SCC 466,
Ram Gopal and Another Vs. State of Madhya Pradesh vide order dated
29.09.2021 passed in CRA No.1489/2012, this Court allows IA No. 20699
of 2023 and in exercise of inherent powers under Section 482 of CrPC
directs that FIR pertaining to Crime No.364 of 2023 registered by PS
Padav, District Gwalior for offences punishable under Sections U/s 384,
389 and 34 of IPC are hereby quashed with all consequential proceedings
thereto.
This petition filed under Section 482 of CrPC stands disposed of in
the aforesaid terms.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Rks/Avi
VIJAY
TRIPATHI
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH
TRIP
GWALIOR,
2.5.4.20=663cb09dd950bfc3e
a7ed4f02d97ddae5364f1d4b0
42dbc59921b76e812d2d6b,
postalCode=474001,
st=Madhya Pradesh,
ATHI
serialNumber=58392D8C4E7C
9693BFEEB5B46B3CA006F112
7E89008952BBEC528CE4D825
51BD, cn=VIJAY TRIPATHI
Date: 2023.12.21 19:01:16
+05'30'
