Chanchal Vyas vs The State Of Madhya Pradesh
2023 Latest Caselaw 17182 MP

                                                               1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 16 th OF OCTOBER, 2023
                                         MISC. CRIMINAL CASE No. 44291 of 2023

                           BETWEEN:-
                           1.    CHANCHAL VYAS S/O LATE SHRI DEVENDRA
                                 VYAS,    AGED    31   YEARS, OCCUPATION:
                                 SHOPKEEPER R/O SADAR BAZAR GOHAD
                                 DISTRICT BHIND (MADHYA PRADESH)

                           2.    SMT REKHA VYAS W/O LATE SHRI DEVENDRA
                                 VYAS, AGED 55 YEARS, OCCUPATION: HOUSEWIFE
                                 R/O SADAR BAZAR GOHAD DISTRICT BHIND
                                 (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI R.K. DUBEY- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION THATIPUR DISTRICT GWALIOR
                                 (MADHYA PRADESH)

                           2.    SMT ASHU VYAS W/O SHRI CHANCHAL VYAS,
                                 AGED 30 YEARS, OCCUPATION: HOUSEWIFE R/O
                                 INDRANAGAR THATIPUR DISTRICT GWALIOR
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI R.S. KUSHWAH- DY. ADVOCATE GENERAL FOR
                           RESPONDENT/STATE)
                           (SHRI ALOK SHARMA- ADVOCATE FOR RESPONDENT NO.2)

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

With consent heard finally.

1. The present petition under Section 482 of Cr.P.C. has been filed by Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 18-10-2023 05:58:55 PM

the petitioners seeking quashment of FIR registered at Police Station Thatipur, District Gwalior vide Crime No.418/2014 for the offence punishable under Sections 498-A, 506-B and 34 of IPC and Section 3/4 of Dowry Prohibition Act as well as entire proceedings arising out of it.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.18192/2023 and 18194/2023 have been preferred at the instance of parties and they want to settle the matter. Applications are duly signed by respective parties and same are 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 Panel Lawyer 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 Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 18-10-2023 05:58:55 PM

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, applications for compounding the offence vide I.A.No.18192/2023 and 18194/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

1 1 . At this juncture, learned counsel for the petitioners submit that petitioners have regret for the proceedings undertaken involving the state machinery (Police, Prosecution and the Court) and for that they intend to do

some national/social service by way of depositing Rs.5,000/- (Rs. Five Thousand Only) in favour of Juvenile Justice Fund having Saving Bank Account No.60411029562 of Bank of Maharashtra, Branch Govindpura, Bhopal, IFSC Code MAHB0001988 (a statutory fund created for the welfare of juveniles).

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 18-10-2023 05:58:55 PM

12. Resultantly, the petition is allowed. FIR registered at Crime No.418/2014 at Police Station Thatipur, District Gwalior for the offence punishable under Sections 498-A, 506-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act as well as entire proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the parties.

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

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

15. Certified copy as per rules.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 18-10-2023 05:58:55 PM