Harish Hukwani vs The State Of Madhya Pradesh
2023 Latest Caselaw 11099 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 18 th OF JULY, 2023
                                        MISC. CRIMINAL CASE No. 6163 of 2023

                          BETWEEN:-
                          HARISH HUKWANI S/O CHITHRAM HUKWANI, AGED
                          ABOUT 53 YEARS, OCCUPATION: BUSINESS RESIDENT
                          OF KAMLESHWAR COLONY DABRA , DISTRICT
                          GWALIOR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (SHRI HARDAYESH KUMAR SHUKLA, LEARNED COUNSEL FOR
                          PETITIONER)

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION THROUGH POLICE STATION
                                DABRA DEHAT, GWALIOR (MADHYA PRADESH)

                          2.    MIRJA JAVED BEG S/O KHALID BEG, AGED
                                ABOUT 33 YEARS, RESIDENT OF DABRA
                                DISTRICT GWALIOR (MADHYA PRADESH)

                          3.    NEELESH YADAV S/O PREMCHAND SINGH, AGED
                                ABOUT 32 YEARS, RAMGARH ROAD, DABRA,
                                DISTRICT GWALIOR (MADHYA PRADESH)

                          4.    BAHADUR SINGH S/O BHEEM SINGH KUSHWAH,
                                AGED ABOUT 61 YEARS, OCCUPATION RETIRED
                                EMPLOYEE   MPEB,   DABRA AT     PRESENT
                                RESIDENT OF THATIPUR DISTRICT GWALIOR
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (SHRI R. K. UPADHYAY- LEARNED COUNSEL FOR THE RESPONDENT
                          NO.1- STATE AND SHRI NAROTTAM SHARMA- LEARNED COUNSEL FOR
                          THE RESPONDENTS NO. 2 TO 4 )

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/19/2023
12:58:38 PM
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                                                              ORDER

This petition has been filed under Section 482 of the Cr.P.C for quashing the impugned order dated 06-08-2019 passed by the Court of JMFC, Dabra, District Gwalior passed in RCT No. 900734 of 2016 whereby petitioner has been convicted by trial Court under Section 332 of IPC and sentenced to undergo three years RI with fine of Rs.3,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that against the judgment of conviction and order of sentence passed by the trial Court, an appeal has been filed by petitioner before the lower appellate Court and during pendency of appeal, on the basis of mutual settlement between the parties, an

application under Sections 320(5) of CrPC and 320(1) of CrPC seeking permission to compromise matter was filed. The lower appellate Court on account of lack of jurisdiction kept compromise application pendency as offence under Section 332 of IPC is non-compoundable.

During pendency of this petition, a joint application filed under Section 320(1) of the Cr.P.C on behalf of petitioner and respondents no. 2 to 4 along- with affidavit which was registered as IA No. 7687 of 2023, stating therein that they have resolved the dispute amicably and now they do not want to pursue the matter any more.

This Court, vide order dated 12-05-20233 had directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar has submitted his report on 13-06-2023 itself and verified the factum of compromise.

In the cases of Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM

(AIR 2008 SC 1969), Shiji Vs. Radhika & Another (2011) 10 SCC 705, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Anita Maria Dias and Anr. Vs. State of Maharashtra and Anr. (2018) 3 SCC 290, Supreme Court has 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 the 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 the prosecution in such matters 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. Moreso, the offence in question is not against the society but merely affects the victim/complainant. Consequent upon the above said facts and that the petitioner and complainant party have amicably resolved issue and they are permitted to compound offences, this Court allows this MCRC with the following direction:-

The impugned order dated 06-08-2019 passed by the Court of JMFC, Dabra, District Gwalior passed in RCT No. 900734 of 2016 is hereby set aside on the basis of compromise. Petitioner is acquitted of charge levelled against him under Section 332 of IPC

Accordingly, petition stands allowed.

A copy of this order be sent to lower appellate Court as well as trial Court concerned for information and compliance.

CC as per rules.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/19/2023 12:58:38 PM