Raghvendra Singh Bhadoria vs Town Inspector
2023 Latest Caselaw 17288 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. 44387 of 2023

BETWEEN:-
1.    RAGHVENDRA SINGH BHADORIA S/O SHRI
      CHETRAM SINGH BHADORIA, AGED ABOUT 54
      YE A R S , VILLAGE INGOSA RAYPURA GORMI
      DISTRICT BHIND (MADHYA PRADESH)

2.    YADUVEER       SINGH BHADORIA S/O SHRI
      CHETRAM SINGH BHADORIA, AGED ABOUT 43
      YE A R S , VILLAGE INGOSA, RAYPURA GORMI
      DISTRICT BHIND (MADHYA PRADESH)

3.    NIKKU SINGH @ NAKUL SINGH BHADORIA S/O
      SHRI YADUVEER SINGH BHADORIA, AGED
      ABOUT 22 YEARS, VILLAGE INGOSA RAYPURA
      GORMI DISTRICT BHIND (MADHYA PRADESH)

4.    AKSHAY SINGH S/O SHRI RAGHUVENDRA SINGH
      BHADORIA, AGED ABOUT 22 YEARS, VILLAGE
      INGOSA, RAYPURA GORMI DISTRICT BHIND
      (MADHYA PRADESH)

                                                 .....APPLICANT
(BY SHRI SURESH AGARWAL - ADVOCATE )

AND
1.    TOWN INSPECTOR INCHARGE POLICE STATION
      DISTRICT BHIND MP (MADHYA PRADESH)

2.    SWADESH SINGH BHADORIA S/O LATE SHRI
      MUNNA SINGH BHADORIA, AGED ABOUT 48
      YEARS, OCCUPATION: AGRICULTURIST VILLAGE
      INGOSA, RAYPURA GORMI DISTRICT BHIND
      (MADHYA PRADESH)

3.    TIMPAL SINGH BHADORIA S/O SHRI UPENDRA
      SINGH BHADORIA, AGED ABOUT 25 YEARS,
      OCCUPATION:   AGRICULTURIST     VILLAGE
      INGOSA, RAYPURA GORMI DISTRICT BHIND
                                     2
      (MADHYA PRADESH)

4.    SMT. RAJKUMARI W/O LATE SHRI SANJU SINGH
      BHADORIA,   AGED    ABOUT     40  YEARS,
      OCCUPATION: HOUSEWIFE VILLAGE INGOSA,
      RAYPURA, GORMI (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI RAVINDRA SINGH KUSHWAH - DY. A.G. FOR RESPONDENT
NO.1/STATE )
BY SHRI MANISH PAL SINGH - ADVOCATE FOR RESPONDENTS NO. 2
AND 3)

      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 the petitioners seeking quashment of FIR registered at Police Station Gormi, District Bhind vide Crime No.161/2023 for the offence punishable under Sections 324, 323, 294, 506/34 of IPC and added Section 326 of IPC and its further proceedings.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.18249/2023 and 18449/2023 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 Dy. A.G. 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, applications for compounding

the offence vide I.A.No.18249/2023 and 18449/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

11. Resultantly, the petition is allowed. FIR registered at Crime No.161/2023 at Police Station Gormi, District Bhind for the offence punishable under Sections 324, 323, 294, 506/34 of IPC and added Section 326 of IPC and its further proceedings are hereby quashed.

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

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

14. Certified copy as per rules.

(ANAND PATHAK) JUDGE Van

VANDANA VERMA 2023.10.16 15:35:51 +05'30'