Krishna vs The State Of Madhya Pradesh
2023 Latest Caselaw 8663 MP

IN THE HIGH COURT OF MADHYA PRADESH
             AT INDORE
                        BEFORE
       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                ON THE 14th OF JUNE, 2023
            MISC. CRIMINAL CASE No. 20837 of 2023

BETWEEN:-

KRISHNA S/O RAMCHANDRA CHAUHAN, AGED
ABOUT 23 YEARS, OCCUPATION: LABOR R/O
VILLAGE RAYANA DISTT. DHAR (MADHYA
PRADESH)
                                                      .....APPLICANT
(BY SHRI SIDDHARTH JAIN- ADVOCATE )

AND

1.    THE STATE OF MADHYA PRADESH
      STATION HOUSE OFFICER THROUGH
      POLICE STATION PITHAMPUR DISTRICT
      DHAR (MADHYA PRADESH)

2.    VICTIM X THROUGH P.S. PITHAMPUR,
      DIST. DHAR (MADHYA PRADESH)
                                                   .....RESPONDENTS
(BY SHRI TARUN PAGARE- GOVERNMENT ADVOCATE
BY SHRI AMAN MOURA- ADVOCATE FOR RESPONDENT NO.2/PROSECUTRIX )

      This application coming on for admission this day, the court

passed the following:

                              ORDER

The present petition has been filed under Section 482 of the

Criminal Procedure Code, 1973 for quashment of First Information Report (FIR) and the subsequent proceedings of Special Case No.05/2022

pending against the petitioner before the Special Judge POCSO, Dhar.

2. It is submitted by the applicant and the respondent No.2 that the

prosecutrix has attained the majority and she has got married with the

applicant and she is also pregnant.

3. Counsel for the respondent No.2/complainant does not dispute

the aforesaid facts.

4. Counsel for the State submits that the aforesaid offences are non-

compoundable under Section 320(2) of the Code of Criminal Procedure.

5. The attention of this Court has also been drawn to the decision

rendered by the Supreme Court in Criminal Appeal Nos.394-395 of

2021passed in the case of Ananda D.V. vs. State & another on

12.04.2021 wherein, in similar circumstances, the order of the High Court

rejecting he petition for quashment of the FIR was set aside, and the FIR

was quashed; and which judgment has also been relied upon by this Court

in Miscellaneous Criminal Case No.43974/2021 (Shubham @ Lala s/o

Shri Gopichand Thakur v. The State of Madhya Pradesh and

another) order dated 29.09.2021. Thus, it is submitted that the FIR in

the present case be also quashed as also the further proceedings pending

before the trial Court in Sessions Trial No.05/2022.

6. On a query raised by this Court from the prosecutrix (who is

present in person), she has stated that she has already solemnized

marriage with the petitioner and does not wish to prosecute the matter any

further, as all the misunderstanding between them have already been

resolved.

7. Counsel for the respondent No.2/ prosecutrix has also submitted

that the petition be allowed and the relief sought be granted.

8. Counsel for the respondent / State has submitted that appropriate

orders be passed.

9. Heard learned counsel for the parties and perused the record as

also the decision rendered by the Supreme Court in the case of Ananda

D.V. v. State & another (supra).

10. The order passed by the Supreme Court in the case of Ananda

D.V. vs. State & another (supra) reads, as under:

xxxxxxxxxxxxx

These appeals take exception to the judgment and order dated 14.11.2019 and 30.01.2020 passed by the High Court of Delhi at New Delhi in Writ Petition Criminal Nos. 2382 of 2019 and 287 of 2020 respectively, whereby the High Court rejected the criminal writ petitions for quashing of FIR No. 455 of 2013 dated 17.09.2013 in respect of offence registered at P.S. Safdarjung Enclave, Delhi and the consequential proceedings emanating therefrom. The gravamen of the allegations in the FIR filed by the private respondent was that the appellant had promised her that he will marry her, which promise was not kept by the appellant. The FIR was registered on 17.09.2013.

It is not in dispute that after the registration of FIR, the parties were able to resolve their differences and eventually got married on 11.10.2014. The appellant as well as private respondent represented by Ms. Meenakshi Arora, learned senior counsel jointly state that they are enjoying happy married life. A joint request is, therefore, made on behalf of the appellant and the private respondent that the FIR registered on 17.09.2013 be quashed as it was the outcome of some misunderstanding between the parties. Considering the nature of allegations in the FIR and the realization of the fact that due to miscommunication FIR came to be registered at the relevant point of time which issues/misunderstanding have now been fully resolved and the parties are happily married since 11.10.2014, the basis of FIR does not survive. Rather registering such FIR was an ill-advised move on the part of the private respondent, is the stand now taken before us. It is seen that the appellant and private respondent are literate and well-informed persons and have jointlyopted for quashing of the stated FIR.

Taking overall view of the matter, therefore, in the interest of justice, we accede to the joint request of quashing of FIR in the peculiar facts of the present case. Hence, these appeals must succeed. The impugned judgment and order is set aside. Instead, the Writ Petition filed by the appellant for quashing is allowed, as a result of which, all steps taken on the basis of impugned FIR be treated as effaced from the record in law. The appeals are disposed of in the above terms. Pending applications, if any, stand disposed of."

(emphasis supplied)

11. Testing the facts and circumstances of the present case, on the

anvil of the aforesaid decision rendered by the Supreme Court, this Court

finds that the petitioner has also made out a case for quashment of the

FIR, as both the parties have decided to bury their hatchets and

prosecutrix has also filed an affidavit that she had lodged the FIR under

certain misunderstanding and under the pressure from her parents. Thus,

in such circumstances, when the petitioner and the prosecutrix have also

got married this Court finds it expedient to allow the present petition.

12. Resultantly, Miscellaneous Criminal Case No.20857/2023 stands

allowed; and FIR registered against the petitioner vide Crime

No.586/2021 at Police Station Pithampur, District Dhar (MP) for

commission of offence under 363, 366-A, 376, 376(2)(N) of the Indian

Penal Code, and also under Section 5(L)/6 of the Protection of Children

from Sexual Offence Act as also the subsequent proceedings of case

No.05/2022 are hereby quashed and the action taken against the petitioner

pursuant to the lodging of FIR be treated as effaced from record in law.

(VIJAY KUMAR SHUKLA) JUDGE

jyoti Digitally signed by JYOTI CHOURASIA Date: 2023.06.16 12:10:46 +05'30'