Madhya Pradesh High Court
Balram@Balle vs The State Of Madhya Pradesh on 22 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 22 nd OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 55270 of 2023
BETWEEN:-
1. BALRAM@BALLE S/O SHRI SHIVNANDAN SINGH
BHADORIYA, AGED 35 YEARS, OCCUPATION:
AGRICULTURIST R/O GRAM MASOORI THANA
PAWAI DISTRICT BHIND (MADHYA PRADESH)
2. AMIT @ ANKIT S/O SHRI JITENDRA SINGH, AGED
28 YEARS, OCCUPATION- AGRICULTURIST R/O
GRAM MASOORI THANA PAWAI DISTRICT BHIND
(MADHYA PRADESH)
3. RANDHEER @ KARTAR SINGH S/O AKBAR SINGH,
AGED 36 YEARS, OCCUPATION- AGRICULTURIST
R/O GRAM MASOORI THANA PAWAI DISTRICT
BHIND (MADHYA PRADESH)
.....APPLICANT
(BY SHRI M.L. YADAV- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION PAWAI DISTRICT BHIND
(MADHYA PRADESH)
2. SHIVAM BHADORIYA S/O VISHAMBHAR SINGH
HADORIYA, AGED 27 YEARS, R/O WARD NO. 14
GAYATRI NAGAR PHOOP DISTRICT BHIND
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI R.S. KUSHWAH- DY. ADVOCATE GENERAL FOR
RESPONDENT/STATE)
(SHRI ASHIRWAD DWIVEDI- ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 22-12-2023
04:36:48 PM
2
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 Pawai,
District Bhind vide Crime No.141/2020 for the offence punishable under
Sections 365, 327, 323, 294, 506, 34 of IPC and its further proceedings.
2 . It appears that parties agreed to settle the matter and therefore,
applications vide I.A.No.23191/2023 and I.A.No.23192/2023 h a v e been
preferred at the instance of parties and they want to settle the matter.
Application is duly supported by their affidavits. It is the submission of learned
counsel for the parties that they want to settle their dispute permanently,
therefore said application has been filed. Offence are in the nature which can be
compounded so that parties can live peacefully. Therefore, nothing remains
between the parties to litigate. Therefore, on this account also, they are seeking
settlement of the case.
3 . T he 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.
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.23191/2023 and I.A.No.23192/2023 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 Police Station
Pawai, District Bhind vide Crime No.141/2020 for the offence punishable under
Sections 365, 327, 323, 294, 506 and 34 of IPC and proceedings in furtherance
thereto are hereby quashed.
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
