Vikas Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 18122 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 31 st OF OCTOBER, 2023
                                        MISC. CRIMINAL CASE No. 44363 of 2023

                           BETWEEN:-
                           1.    VIKAS DUBEY S/O SHRI PRAMOD DUBEY, AGED 32
                                 YEARS, OCCUPATION: COACHING ME NAUKARI
                                 R/O MAIN NOKARI 122 E.W.S. WARRA 4 KANPUR
                                 NAGAR (UTTAR PRADESH)

                           2.    SMT REKHA DUBEY W/O PRAMOD DUBEY, AGED
                                 53 YEARS, OCCUPATION- HOUSE WIFE R/O 122
                                 E.W.S. VARRA 4 KANPUR NAGAR (UTTAR
                                 PRADESH)

                           3.    PRAMOD DUBEY S/O LATE SHRI INDRANARAYAN
                                 DUBEY, AGED 55 YEARS, OCCUPATION- JOB R/O
                                 122 E.W.S. VARRA 4 KANPUR NAGAR (UTTAR
                                 PRADESH)

                                                                                 .....APPLICANT
                           (BY SHRI SUBHENDU SINGH CHAUHAN- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION MAHILA THANA PADAV,
                                 GWALIOR    DISTRICT GWALIOR (MADHYA
                                 PRADESH)

                           2.    SMT DEEPIKA DUBEY W/O SHRI VIKAS DUBEY,
                                 AGED 30 YEARS, OCCUPATION- HOUSSEWIFE R/O
                                 GRAM GYANPURA THANA BADPURA POST
                                 BADPURA ETAH, AT PRESENT HN 295 TOMAR
                                 BUILDING, JIWAJI NAGAR THATIPUR, GWALIOR
                                 (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                           (BY SHRI RAJEEV UPADHYAY- GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.1/STATE)
                           (SHRI VINOR SHARMA- ADVOCATE FOR RESPONDENT
                           NO.2/COMPLAINANT)

Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 31-10-2023
07:00:12 PM
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                                 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 Mahila Thana, Padav, District Gwalior vide Crime No.123/2021 for the offence punishable under Sections 498A, 506, 34 of IPC read with Section 4 of Dowry Prohibition Act and its further proceedings.

2 . It appears that parties agreed to settle the matter and therefore,

applications vide I.A.No.18223/2023 and I.A. No.18257/2023 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. It is the submission of learned counsel for the parties that divorce decree has been drawn and petitioner No.1 and respondent No.2 have separated through decree of divorce. Therefore, nothing remains between the parties to litigate. Therefore, on this account also, they are seeking settlement of the case.

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 Government Advocate 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 complainants and is Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 31-10-2023 07:00:12 PM

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.18223/2023 and I.A. No.18257/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 31-10-2023 07:00:12 PM

parties are permitted to compound the offences.

11. Resultantly, the petition is allowed. FIR registered at Crime No.123/2021 at Police Station Mahila Thana, Padav, District Gwalior for the offence punishable under Sections 498A, 506, 34 of IPC read with Section 4 of Dowry Prohibition Act 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 Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 31-10-2023 07:00:12 PM