Satendra @ Bhura Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7799 MP

                                            1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                       BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                             ON THE 11th OF MAY, 2023

                MISC. CRIMINAL CASE NO. 14479 of 2023

       BETWEEN:-

       SATENDRA @ BHURA SINGH GURJAR S/O
       SURENDRA SINGH, AGED ABOUT 26 YEARS,
       OCCUPATION -STUDENT R/O ADARSH NAGAR
       PINTO PARK, MORAR, DISTRICT GWALIOR
       (MADHYA PRADESH)

                                                                    .....PETITIONER

       (BY SHRI APS TOMAR - ADVOCATE)

       AND

1.     THE STATE OF MADHYA PRADESH THROUGH
       POLICE STATION SIROL, DISTRICT GWALIOR
       (MADHYA PRADESH).
2.     SHAILENDRA GURJAR S/O SHRI RAMNATH
       SINGH GURJAR, AGED ABOUT 27 YEARS,
       OCCUPATION: STUDENT R/O GRAM SIROL
       POLICE STATION SIROL DISTRICT GWALIOR
       (MADHYA PRADESH).

                                                                 .....RESPONDENTS

       (SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR FOR
       THE STATE AND SHRI ANAND SIKARWAR - ADVOCATE
       FOR RESPONDENT NO.2).
------------------------------------------------------------------------------------------
       This application coming on for admission this day, the court
passed the following:
                                     2

                                ORDER

The present petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR registered at Crime No.190/2021 registered at Police Station Sirol, District Gwalior for the offence under Sections 323, 294, 506, 336, 452, 34 of IPC and Section 25/27 of Arms Act and other consequential proceedings on the basis of compromise.

It is the submission of counsel for the parties that both the parties want to settle the matter and they want to bury the dispute once and for all. They intend to enter into the compromise therefore, application by way of I.A.No.6051/2023 has been preferred by the parties. Parties fairly submit that they want to give peace a chance and for that they want to settle their dispute inter se. Under the direction of this Court, the factum of compromise entered into between the parties has been verified by the Principal Registrar of this Court and according to the said report, parties settled the matter and intended to compromise the matter.

Parties intended to serve the society in meaningful manner to purge their guilt and to reform themselves from their inner soul, therefore, expressed their desire to perform community service by way of deposit to serve National/Social cause.

A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bona fide 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. Further the ingredients are mainly under Section 452 of IPC, therefore, permission to compound the offence is accorded. 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, application for compounding the offence vide I.A.No.6051/2023 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

Resultantly, the petition is allowed. FIR registered at Crime No.190/2021 at Police Station Sirol, District Gwalior for the offence under Sections 323, 294, 506, 336, 452, 34 of IPC and Section 25/27 of Arms Act and other consequential proceedings thereto stand quashed against the petitioner.

As per the expression and interest, petitioner is directed to deposit Rs.10,000/- in favour of Army Central Welfare Fund having A/C No.520101236373338 of Union Bank of India, Chandani Chowk Delhi, IFSC Code UBIN0530778 within 10 days from today.

Principal Registrar of this Court is directed to send a copy of this order to the Chief of Defence Staff/Ex-officio Secretary to the Department of Military Affairs in Ministry of Defence, North Block New Delhi for information purpose about the thoughtfulness of petitioners towards National Cause.

Petition stands allowed and disposed of in above terms subject to aforesaid conditions.

                                                  (ANAND PATHAK)
Anil*                                                 JUDGE


              ANIL KUMAR
              CHAURASIYA
              2023.05.12
              11:03:10
              +05'30'