Madhya Pradesh High Court
Anurag Vatre vs The State Of Madhya Pradesh on 9 February, 2023
Author: Anil Verma
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. 23448 of 2022
BETWEEN:-
ANURAG VATRE S/O SHRI RAMESHCHANDRA VATRE,
AGED ABOUT 28 YEARS, OCCUPATION: SERVICE, R/O
WARD NO. 8, BADLIPURA COLONY, SARANGPUR,
DISTRICT RAJGARH (BIAORA), AT PRESENT SINGAPUR
TOWNSHIP, DEWAS NAKA, A..B, ROAD, INDORE
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI YOGESH GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
VIJAY NAGAR, DISTRICT INDORE (MADHYA
PRADESH)
2. VICTIM X THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION VIJAY NAGAR,
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KAPIL MAHANT - PANEL LAWYER FOR RESPONDENT NO.1; AND
SHRI VINOD THAKUR - ADVOCATE FOR RESPONDENT NO.2/OBJECTOR)
This application coming on for admission his 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
20/04/2022 arising out of Crime No.481/2022 registered at Police Station Vijay
Nagar, Indore for offence punishable under Section 376(2)(n) and 450 of the
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/10/2023
10:25:32 AM
Indian Penal Code, 1860 (in short 'IPC') and all other proceedings arising
therefrom.
02. The facts of the case in brief are that prior to the incident prosecutrix
and the petitioner were working in same department and they were known to
each other very well. On 13/09/2021 petitioner came to the house of prosecutrix
and told her that he likes her and wants to marry her. On the pretext of marriage,
petitioner has established physical relationship with the prosecutrix and he
repeated the same act several times, but on 19/04/2022 when the prosecutrix
went to the office, she came to know that petitioner is going to marry with some
other girl. Thereafter, he launched an FIR at Police Station Vijay Nagar, Indore.
Accordingly, offence has been registered against the petitioner and after
conclusion of the investigation charge sheet has been filed.
03. Learned counsel for the petitioner submits that matter has been
amicably settled between both the parties and they have filed a joint
compromise petition, which is IA.No.847/2023 by stating that matter has been
amicably settled between both the parties and they have solemnized marriage on
24/04/2022. They are living together as husband and wife. Learned counsel for
the petitioner further submitted that the offence under Section 376(2)(n) and 450
of IPC are not compoundable offence but since the matter is amicably resolved
between the parties and they have entered into a compromise, therefore, no
dispute exists between them. Learned counsel for the petitioner further
contended that the FIR dated 20/04/2022 registered at Crime No.481/2022
under Section 376(2)(n) and 450 of IPC at Police Station Vijay Nagar, Indore,
charge sheet and all other subsequent criminal proceeding thereto be quashed.
04. Learned counsel for the State / respondent No.1 opposed the prayer
and prays for its rejection.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/10/2023
10:25:32 AM
05. Learned counsel for the respondent No.2 agreed that since the matter
has been amicably settled between both the parties, therefore, the aforesaid
proceeding be quashed in the interest of future matrimonial welfare of both the
parties.
06. After going through the aforesaid, this Court is of the considered
opinion that since the factum of compromise between the petitioner and the
prosecutrix / respondent No.2 has been duly verified by the Principal Registrar
of this Court on 04/02/2023 and Principal Registrar has submitted a report that
both the parties have entered into the compromise voluntarily, without any
threat, inducement and coercion from the other side. They have amicably settled
the dispute. The petitioner is already enlarged on bail.
0 7 . Hon'ble the apex Court in the case of Gyan Singh Vs. State of
Punjab and Others reported in (2012) 10 SCC 303, wherein it has been held
that the criminal proceedings can be quashed by the Court, if the Court is
satisfied that matter has been settled between the parties amicably and parties
are interested to restore peace and harmony between them, then the subject
crime number and incidental proceedings thereto be quashed.
08. Hon'ble Supreme Court in the case of Narender Singh and others
Vs. State of Punjab and another reported in (2014)6 SCC 466 has held as
under:-
"In view of the aforesaid discussion, we sum up
and lay down the following principles by which
the High Court would be guided in giving
adequate treatment to the settlement between the
parties and exercising its power under Section
482 of the Code while accepting the settlement
and quashing the proceedings or refusing to
accept the settlement with direction to continue
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/10/2023
10:25:32 AM
with the criminal."
0 9 . Relying upon the judgment of the apex Court in the cases of
Narendra Singh and Gyan Singh (Supra), this Court is of the considered
opinion that the present case is a fit case, where extra-ordinary power inherited
to this Court may be exercised in favour of the present petitioner.
10. Accordingly, present petition filed under section 482 of Cr.P.C. is
allowed and the FIR dated 20/04/2022 registered at Crime No.481/2022 under
Section 376(2)(n) and 450 of IPC at Police Station Vijay Nagar, Indore and all
other consequential proceedings arising therefrom are hereby quashed.
Petitioner Anurag Vatre is discharged from the aforesaid offences.
11. In light of the aforesaid, present petition is allowed and disposed of
accordingly.
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
