Vishal Lodhi @ Vishwanath vs The State Of Madhya Pradesh
2023 Latest Caselaw 18194 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. 41400 of 2023

BETWEEN:-
1.    VISHAL LODHI @ VISHWANATH S/O SHRI
      RAMKISHAN SINGH, AGED ABOUT 42 YEARS,
      RATHORE BASTI BHIND (MADHYA PRADESH)

2.    MANISH SINGH S/O SHRI VISHWANATH SINGH,
      AGED ABOUT 40 YEARS, RATHORE BASTI BHIND
      (MADHYA PRADESH)

                                                             .....APPLICANT
(BY SHRI S.K.S. JADON - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH STATION HOUSE
      OFFICER OF POLICE STATION MAHARAJPURA
      DISTRICT GWALIOR MP (MADHYA PRADESH)

2.    RAVI RATHORE S/O SHRI VIRENDRA SINGH
      R ATH O R E X-105 NEAR DANEBABA TEMPLE
      SHATABDIPURAM MAHARAJPURA (MADHYA
      PRADESH)

                                                          .....RESPONDENTS
(BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR FOR
RESPONDENT/STATE )
SHRI R.K SHARMA - ADVOCATE FOR 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 t h e petitioners seeking quashment of FIR registered at Police Station

Maharajpura, District Gwalior vide Crime No.288/2023 for the offence punishable under Sections 452, 294, 323, 427, 506 & 34 of IPC as well as entire criminal proceedings arising therefrom viz.RCT No.3000/2023 pending before JMFC, Gwalior, on the basis of compromise arrived at between the parties.

2 . It appears that parties agreed to settle the matter and therefore, application vide I.A.No.17018/2023 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.17018/2023 is 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.288/2023 at Police Station Maharajpura, District Gwalior for the offence

punishable under Sections 452, 294, 323, 427, 506 & 34 of IPC as well as entire criminal proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the parties.

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 2023.10.31 17:33:10 +05'30'