Atal Nai @ Atalbihari vs The State Of Madhya Pradesh
2023 Latest Caselaw 16211 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. 40126 of 2023

BETWEEN:-
1.    ATAL NAI @ ATALBIHARI S/O BHAMAR SINGH,
      AGED ABOUT 24 YEARS, GRAN RAIPURA
      KARSADA TEH PORSA DISTRICT MORENA
      (MADHYA PRADESH)

2.    MONU NAI @ MONU SINGH S/O BHAMAR SINGH,
      AGED ABOUT 31 YEARS, VILLAGE RAIPURA,
      KARSADA , TEHSIL PORSA DIST. MORENA
      (MADHYA PRADESH)

3.    SONU NAI @ SONU SINGH S/O BHAMAR SINGH,
      AGED ABOUT 32 YEARS, VILLAGE RAIPURA,
      KARSADA , TEHSIL PORSA DIST. MORENA
      (MADHYA PRADESH)

4.    DHARMENDRA NAI S/O BHAMAR SINGH NAI,
      AGED ABOUT 26 YEARS, VILLAGE RAIPURA,
      KARSADA , TEHSIL PORSA DIST. MORENA
      (MADHYA PRADESH)

5.    ANKUSH NAI S/O SURESH SINGH NAI, AGED
      ABOUT 28 YEARS, VILLAGE RAIPURA, KARSADA ,
      TEHSIL PORSA DIST. MORENA (MADHYA
      PRADESH)

6.    AMAN TOMAR S/O MUKESH SINGH, AGED ABOUT
      21 YEARS, VILLAGE RAIPURA, KARSADA , TEHSIL
      PORSA DIST. MORENA (MADHYA PRADESH)

7.    KHALID SIKARWAR @ KUSHALDEEP SINGH S/O
      SURESH SINGH, AGED ABOUT 25 YEARS, VILLAGE
      JAUTAI, TEHSIL PORSA, DIST. MORENA (MADHYA
      PRADESH)

                                                    .....APPLICANT
(BY SHRI PURAN KULSHRESTHA - ADVOCATE)

AND
                           2
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE THANA
      PORSA DISTRICT MORENA MP (MADHYA
      PRADESH)

2.    UMMED     SINGH   S/O   RAMVEER      SINGH
      BHADORIYA, AGED ABOUT 35 YEARS, VILLAGE
      RAIPURA PORSA, TEHSIL PORSA, DIST. MORENA
      (MADHYA PRADESH)

                                                                .....RESPONDENTS
(BY SHRI A.P.S. TOMAR - PUBLIC PROSECUTOR FOR RESPONDENT
NO.1/STATE)
(BY SHRI DHARMENDRA KUMAR GARG - RESPONDENT NO.2)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

With consent heard finally.

1 . The present petition has been preferred by petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR registered at Police Station Porsa, District Morena vide Crime No.213/2023 for the offence punishable under Sections 308, 294, 506, 323, 147, 148, 149 of IPC and all consequential proceedings relating to aforesaid FIR on the basis of compromise.

2 . It appears that parties agreed to settle the matter and therefore, application vide I.A.No.17167/2023 has been preferred at the instance of parties and they want to settle the matter. Application is duly signed by respective parties and same is supported by their affidavits.

3 . T he Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.

4. Learned Public Prosecutor for the respondent No.1/State opposed the prayer and prayed for rejection of the petition.

5. Learned counsel for the complainant argued in support of petitioners' prayer for compromise. He referred affidavit filed by the complainant and is ready to settle the matter once and for all.

6 . Heard learned counsel for the parties at length and perused the documents appended thereto.

7. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue.

8. 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.

9 . 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. 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.

10. 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.17167/2023 is allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

1 1 . Resultantly, the petition is allowed. FIR registered at Crime No.213/2023 at Police Station Porsa, District Morena for the offence under Sections 308, 294, 506, 323, 147, 148, 149 of IPC and all consequential proceedings in furtherance thereto, if any, are hereby quashed.

1 2 . Accordingly, petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Van

VANDANA VERMA 2023.10.03 19:00:38 +05'30'