Rahul Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 10016 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                    ON THE 3 rd OF JULY, 2023
             MISC. CRIMINAL CASE No. 60828 of 2021

BETWEEN:-
1.    RAHUL GUPTA S/O JAWAHARLAL GUPTA, AGED
      ABOUT   52  YEARS, OCCUPATION: BUSINESS
      GULAB BADI JASWANT NAGAR ETAWAH (UTTAR
      PRADESH)

2.    AMIT DUBEY S/O SHRI RAMESH CHAND DUBEY,
      AGED ABOUT 44 YEARS, OCCUPATION: PRIVATE
      31/3, VAIBHAV NAGAR, FIROZABAD, UTTAR
      PRADESH (UTTAR PRADESH)

3.    PRASHANT DUBEY S/O SHRI RAMESH CHAND
      DUBEY, AGED ABOUT 36 YEARS, OCCUPATION:
      BUSINESS 31/3, VAIBHAV NAGAR, FIROZABAD,
      UTTAR PRADESH (UTTAR PRADESH)

4.    SANJEEV KUMAR S/O SHRI KAMLESH KUMAR,
      AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS
      NEW TILAK NAGAR, FIROZABAD, NORTH (UTTAR
      PRADESH)

5.    KARAN SINGH S/O SHRI HARNARAYAN SINGH,
      AGED ABOUT 58 YEARS, OCCUPATION: BUSINESS
      GANESH GANJ, P.S. KOTWALI ORAI (UTTAR
      PRADESH)

                                                  .....APPLICANT
(BY SHRI V.D. SHARMA-ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION P.S. KOTWALI (MADHYA
      PRADESH)

2.    NARENDRA KUMAR       PACHORI S/O SHRI
      OMPRAKASH PACHORI, AGED ABOUT 42 YEARS,
      A-22, BANK COLONY, COLE KA MANDIR DIST.
      GWALIOR (MADHYA PRADESH)
                                     2
                                                                .....RESPONDENTS
(BY SHRI NEELESH TOMAR-PUBLIC PROSECUTOR FOR RESPONDENT
NO.1/STATE)
BY SHRI SUMIT SHRIVASTAVA-ADVOCATE FOR RESPONDENT NO.2.

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

With consent heard finally.

By way of this petition filed under Section 482 of the Code of Criminal Procedure on the basis of compromise arrived at between the parties, the petitioners have prayed for quashment of complaint vide Crime No.253/2019 registered at Police Station Kotwali, Lashkar, District Gwalior for the offence

under Sections 420 and 406 of the IPC and other consequential proceedings.

It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.10467/2023 has been preferred at the instance of parties and they want to settle the matter. Application is duly signed by respective parties and same is supported by their affidavits.

T h e 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.

Learned Public Prosecutor for the respondent No.1/State opposed the prayer and prayed for rejection of the petition.

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.

Heard learned counsel for the parties at length and perused the

documents appended thereto.

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.

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.

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.

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.10467/2023 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

Resultantly, the petition is allowed. Complaint vide Crime No.253/2019,

registered at Police Station Kotwali Lashkar, District Gwalior for the offence under Sections 420, 406 of the IPC and other consequential proceedings in furtherance thereto, if any, are hereby quashed.

Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Van

VANDANA VERMA 2023.07.04 10:33:44 -07'00'