Bhupendra Tatawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 2331 MP

                                                           1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 9 th OF FEBRUARY, 2023
                                        MISC. CRIMINAL CASE No. 29218 of 2022

                          BETWEEN:-
                          BHUPENDRA TATAWAT S/O LATE SHRI TIKARAM JI,
                          AGED ABOUT 29 YEARS, OCCUPATION: AGRICULTURE
                          AND BUSINESS, R/O TILAK MAARG, NAGDA, DISTRICT
                          UJJAIN (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI ASHUTOSH SURANA - ADVOCATE ABSENT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH STATION
                                HOUSE OFFICER THROUGH POLICE STATION
                                NAGDA, DISTRICT UJJAIN (MADHYA PRADESH)

                          2.    DEEPIKA W/O SHRI BHUPENDRA TATAWAT,
                                AGED ABOUT 23 YEARS, TILAK MARG, NAGDA,
                                DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI KAPIL MAHANT - PANEL LAWYER FOR THE RESPONDENT NO.1;
                          AND SHRI SATYENDRA MALVIYA - ADVOCATE FOR RESPONDENT NO.2)

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

The petitioner has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for quashment of FIR dated 28/09/2018 registered at Crime No.579/2018 at Police Station Nagda, District Ujjain (M.P.) for offences punishable under Section 498-A, 323 and 506 of Indian Penal Code, 1860 (in short 'IPC') and the consequential proceedings

Signature Not Verified including the Criminal Case No.1114/2018 pending before the Judicial Signed by: TEJPRAKASH VYAS Signing time: 2/10/2023 10:25:32 AM

Magistrate First Class, Ujjain.

02. The brief facts of the case are that the marriage of the complainant Deepika was solemnized with the petitioner on 24/02/2018 as per the Hindi rites and rituals but after the marriage petitioner physically and mentally harassed the complainant and has demanded cash amount of Rs.1 Lac and a Swift Car, therefore, complainant launched an FIR against the petitioner at Police Station Nagda, District Ujjain and after completion of investigation charge sheet has been filed before the JMFC, Nagda and trial is still pending at Criminal Case No.1114/2018.

03. From perusal of the record it appears that matter has been amicably

settled between both the parties. They have filed a joint compromise petition before this Court being IA.No.16291/2022 by stating that they have voluntarily without any coercion have entered into a compromise and has resolved their dispute and started living together. By the order of this Court, factum of compromise has been duly verified by the Principal Registrar of this Court on 10/01/2023.

04. Although the offence under Section 498-A of IPC is non- compoundable but the fact remains that no dispute exists between the parties, therefore, a prayer is made that FIR dated 28/09/2018 registered at Crime No.579/2018 at Police Station Nagda, District Ujjain (M.P.) for offences punishable under Section 498-A, 323 and 506 of IPC and the proceedings of Criminal Case No.1114/2018 and all other subsequent proceeding thereto be quashed.

05. Heard learned counsel and perused the material available on record.

06. This Court vide order dated 15/12/2022 had directed both the parties Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/10/2023 10:25:32 AM

to remain personally present before the Principal Registrar of this Court on 10/01/2023 for verification of the factum of compromise. Both the parties were present in person before the Principal Registrar of this Court and as per verification report matter has been amicably settled between both the parties. They have entered into compromise without any undue influence, pressure, force duress or coercion, but offence under Section 498-A is non- compoundable in nature and offence under Section 323 and 506 of IPC are compoundable.

0 7 . The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another reported in AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab reported in AIR 2008 SC 1969, Shiji Vs. Radhika & Another reported in (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab reported in (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another reported in (2003) 4 SCC 675, Gian Singh Vs. State of Punjab reported in (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another reported in (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.

08. Relying upon the law laid down by the Hon'ble apex Court, this Court is of the considered opinion that as the matter has been amicably settled between the parties, therefore, nothing survives in the present matter and continuance of trial in such matter will be a futile exercise, which will serve no purpose. Further, the ingredients are mainly under Section 498-A of IPC, therefore, permission to compound the offence is accorded. Under such a Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/10/2023 10:25:32 AM

situation, inherent power under Section 482 of Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below.

0 9 . In terms of the decisions of the apex Court in the cases referred above and also in the case of State of Harayana and Others Vs. Ch. Bhajanlal and Others reported in (1992) SCC (Cri) 426, the FIR in question registered at Crime No.579/2018 at Police Station Nagda, District Ujjain (M.P.) is liable to be quashed. Thus, parties are permitted to compound the offences.

10. Resultantly, this petition preferred under Section 482 of Cr.P.C. is hereby allowed and the FIR registered at Crime No.579/2018 at Police Station Nagda, District Ujjain for offences under Section 498-A, 323 and 506 of IPC and all subsequent proceedings thereto including Criminal Case No.1114/2018 pending before JMFC, Nagda, District Ujjain (M.P.) also stand quashed against the petitioner.

1 1 . Let a copy of this order be sent to the Court concerned for information and necessary compliance. No order as to costs.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/10/2023 10:25:32 AM