Manveer Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18123 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. 40994 of 2023

                           BETWEEN:-
                           MANVEER SINGH S/O SHRI RAVINDRA SINGH, AGED 27
                           YEAR S , OCCUPATION: STUDY R/O GADI RATHOR
                           SAIMRA AGRA DISTRICT AGRA UP (UTTAR PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI ABHISHEK PARASAR- ADVOCATE)

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

                           2.    NAVNEET    RATHORE   S/O  SHRI   NARESH
                                 RATHORE, AGED     30 YEARS, OCCUPATION:
                                 PRIVATE WORK R/O DARPAN COLONY THATIPUR
                                 DIST. GWALIOR (MADHYA PRADESH)

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

                                 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 Padav , District Gwalior vide Crime No.387/2023 for the offence punishable under Sections 406 of IPC as well as entire proceedings arising out of it. Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 31-10-2023 07:00:12 PM

2 . It appears that parties agreed to settle the matter and therefore, application vide I.A.No.16816/2023 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 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 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

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

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.16816/2023 is 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).

12. Resultantly, the petition is allowed. FIR registered at Crime No.387/2023 at Police Station Padav, District Gwalior for the offence punishable under Section 406 as well as entire proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 31-10-2023 07:00:12 PM

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: 31-10-2023 07:00:12 PM