Khemraj Kishan Nek vs Tulajirao Angre
2023 Latest Caselaw 22162 MP

Madhya Pradesh High Court

Khemraj Kishan Nek vs Tulajirao Angre 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. 42581 of 2023

                           BETWEEN:-
                           KHEMRAJ KISHAN NEK S/O LATE SHRI NEKSIYA, AGED
                           ABOUT 65 YEARS, NEK SOUND, DHOLI BUA KA POOL,
                           LASHKAR GWALIOR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI AWADHESH PARASHAR - ADVOCATE)

                           AND
                           TULAJIRAO ANGRE S/O SHRI SARDAR S.C. ANGRE
                           SAMBHAJI BILAS, ANGRE BAZAR, LASHKAR GWALIOR
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI AVINASH SHARMA - ADVOCATE)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                              ORDER

1. The present petition under Section 482 of Cr.P.C. has been preferred

by the petitioner against for quashing judgment of conviction dated 19.06.2023 passed in CRR. No.357/2010 by the Trial Court, Gwalior whereby petitioner has been convicted for the offence under Section 138 of the Negotiable Instrument Act and sentence to undergo simple imprisonment for three months and directed to pay compensation amount Rs.32000/- to the complainant.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.17689/2023 has been preferred at the instance of

parties and they want to settle the matter. Application is duly supported by the

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 counsel for the complainant argued in support of petitioners'

prayer for compromise.

5 . Heard learned counsel for the parties at length and perused the documents appended thereto.

6. 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.

7. 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.

8 . 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.

9. 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.17689/2023 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

10. Resultantly, the petition is allowed. Order dated 19.06.2023 passed in Cr.R. No.357/2010 is hereby set aside and all proceedings in furtherance thereto are hereby quashed.

11. Petition stands allowed and disposed of in above terms.

12. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(ANAND PATHAK) JUDGE Rashid