Madhya Pradesh High Court
Dharmendra Jatav vs The State Of Madhya Pradesh on 8 May, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 8 th OF MAY, 2023
MISC. CRIMINAL CASE No. 8770 of 2023
BETWEEN:-
DHARMENDRA JATAV S/O SHRI MANIRAM JATAV,
AGED ABOUT 25 YEARS, OCCUPATION: MAZDOORI
GRAM TODA PS. AANTRI (MADHYA PRADESH)
.....APPLICANT
(SHRI DILIP KUMAR PATHAK- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P.S. AANTRI (MADHYA
PRADESH)
2. PROSECITRIX GRAM TODA POLICE STATION
ANTRI (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRAMOD PACHORI-PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
Petitioner has filed this petition under Section 482 of CrPC for
quashment of FIR at Crime No.65 of 2055 dated 04.04.2022 registered at
Police Station Antri District Gwalior for commission of offence under Sections
363, 376, 506, 368, 34 of IPC read with Section 5/6 of POCSO Act as well as
quashment of subsequent criminal proceedings initiated in connection with Case
No.107 of 2022 pending before Court of Fourth Additional District and
Sessions Judge, Dabra, District Gwalior, on the basis of settlement arrived at
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2023
6:22:02 PM
between the parties.
It is contended by learned counsel for the petitioner that on basis of oral
complaint made by father of prosecutrix before SHO concerned, the impugned
FIR has been lodged against the petitioner alleging therein that prosecutrix along
with other family members after taking dinner went to sleep and when the family
members of prosecutrix woke up at around 06:00 am, they did not found
prosecutrix in the house. On the basis of which aforesaid offence has been
registered against the unknown person. Police recovered prosecutrix and her
statement was recorded before the Magistrate as well as by police under
Section 161 of CrPC. On the basis of statement of prosecutrix, present
petitioner was apprehended and sent to jail. Now, after compromise arrived at
between the parties, prosecutrix is residing happily with petitioner because of
solemnization of their marriage. It is further submitted that Hon'ble Supreme
Court as well as other High Courts have already quashed the FIR and criminal
proceedings in POCSO case where victim was minor at the time of incident and
got married with accused out of her own sweet will and is living a happy
married life with him. In similar matter like present one, recently the High Court
of Judicature of Rajasthan at Jodhpur in SB Criminal Misc(Pet.) No. 6323
of 2022 [Tarun Vaishnav vs.State of Rajasthan through PP and Another]
vide order dated 13-10-2022 has quashed FIR and other criminal
proceedings on the basis of compromise, against which the State filed an SLP
before the Hon'ble Supreme Court and the Hon'ble Supreme Court dismissed
the same vide order dated 03-03-2023 passed in Petition (s) for Special Leave
to Appeal (Crl) No. 1890 of 2023.
O n the other hand, counsel for the State opposed the contentions of
petitioner's counsel and submitted that at this stage, the FIR and other criminal
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2023
6:22:02 PM
proceedings could not be quashed. Fact of amicable settlement or compromise
between the parties can be a relevant factor for purpose of reduction of
quantum of sentence of convict even in serious non-compoundable offence.
Permission for compounding of offence involving POCSO Act cannot be
granted. In support of his contention, he has relied on the judgments of
Supreme Court in the matter of Murali vs. State Represented by Inspector
of Police (2021) 1 SCC 726 and Pravat Chandra Mohanty vs. State of
Odisha and Another (2021) 3 SCC 529.
Heard the learned counsel for the parties.
I t is not in dispute that the impugned FIR was lodged by father of
prosecutrix for commission of aforesaid offence on 04.02.2022. The
prosecutrix was recovered by police. At the time of incident the prosecutrix
was minor. Now, she has attained the majority. She is now living happily with
the present petitioner after solemnization of their marriage. Therefore, faced with
such situation and upon appraisal of overall circumstances, as an exceptional
case, this Court is persuaded to allow the present petition, as prayed for.
Consequently, in the light of judgment passed in the matter of Tarun
Vaishnav (supra), FIR bearing Crime No.65 of 2055 dated 04.04.2022
registered at Police Station Antri District Gwalior for commission of offence
under Sections 363, 376, 506, 368, 34 of IPC read with Section 5/6 of POCSO
Act as well as quashment of subsequent criminal proceedings initiated in
connection with Case No.107 of 2022 pending before Court of Fourth
Additional District and Sessions Judge, Dabra, District Gwalior are quashed on
the basis of settlement arrived at between the parties.
Petition stands allowed.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2023
6:22:02 PM
Let a copy of this order be sent to the police station and Court
concerned for information and compliance.
(DEEPAK KUMAR AGARWAL)
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2023
6:22:02 PM
