Abdesh Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 16171 MP

                                                         1
                                 IN    THE         HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT GWALIOR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 3 rd OF OCTOBER, 2023
                                       MISC. CRIMINAL CASE No. 35178 of 2023

                           BETWEEN:-
                           ABDESH SINGH YADAV S/O LATE SHRI PANJAB
                           SINGH YADAV, AGED 31 YEARS, R/O SHRILAL KA
                           PURA DONGARPUR KIRAR JIGANI DISTRICT
                           MORENA (MADHYA PRADESH)

                                                                                   .....APPLICANT
                           (BY SHRI BRIJESH TYAGI AND MS. RICHA BHADORIYA-
                           ADVOCATES)

                           AND
                           1.    THE STATE OF MADHYA PRADESH
                                 THROUGH SHO POLICE STATION KOTWALI
                                 DISTRICT MORENA (MADHYA PRADESH)

                           2.    SATENDRA SINGH RAJPUT S/O SHRIPATI
                                 SINGH, AGED 33 YEARS, R/O KRISHNA
                                 NAGAR, GOLA KA MANDIR, NITEHARA,
                                 NITAHARA, MORENA (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (BY SHRI VIRENDRA PAL- DY. ADVOCATE GENERAL FOR
                           RESPONDENT/STATE)
                           (SHRI SARTAJ SINGH- ADVOCATE FOR COMPLAINANT)

                                 T h is application coming on for admission this day, t h e court
                           passed the following:
                                                          ORDER

1. The present petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:35:49 PM

of FIR registered at Crime No.1307/2022 at Police Station Kotwali, District Morena for the offence under Sections 420, 467, 468 of IPC and consequential criminal proceedings as per compromise between the parties.

2. It is the submission of counsel for the parties that this matter went into civil litigation in the civil suit and both the parties wanted to settle the matter inter se and they want to bury the dispute once and for all. They intend to enter into the compromise therefore, applications by way of I.A. No.14632/2023 and I.A. No.14633/2023 have been preferred by the complainant and the petitioner. Parties fairly submit that they want to give peace a chance and for that they want to settle their dispute inter se. Under

t h e 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.

3. Learned counsel for the respondent/State opposed the prayer and prayed for its rejection.

4 . Counsel for the complainant argued in support of petitioner;s prayer for compromise and referred the affidavit filed by complaint and is ready to settle the matter.

5 . Heard the counsel for the parties and perused the documents appended thereto.

6. 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.

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:35:49 PM

7 . 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 noncompoundable 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.

8. 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.

9 . T o preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, applications vide I. A. No..14632/2023 and I.A. No.14633/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence.

10. Resultantly, the petition is allowed. FIR registered at Crime

No.1307/2022 at Police Station Kotwali, District Morena for the offence under Sections 420, 467, 468 of IPC and consequential criminal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:35:49 PM

proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the parties.

11. Petition stands allowed and disposed of in above terms.

12. Copy of this order be sent to the trial Court concerned for compliance.

13. Certified copy as per rules.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 03-10-2023 07:35:49 PM