Neelesh Bhatt vs The State Of Madhya Pradesh
2023 Latest Caselaw 15444 MP

                                                               1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 20 th OF SEPTEMBER, 2023
                                         MISC. CRIMINAL CASE No. 36807 of 2023

                           BETWEEN:-
                           1.    NEELESH BHATT S/O SHRI PRAMOD BHAI BHATT,
                                 AGED ABOUT 46 YEARS, OCCUPATION: BUSINESS
                                 BLOCK NO.4 YOGI APARTMENT DHARMA JIWAN
                                 MAIN ROAD RAJKOT (RAJASTHAN)

                           2.    SURESH JAGID S/O SHRI HARGOVIND JAGID,
                                 AGED ABOUT 47 YEARS, R/O PLOT NO.752 9-B,
                                 BHARAT NAGAR, GANDHI DHAM (GUJARAT)

                                                                                        .....PETITIONERS
                           (BY SHRI KUNWAR SAHAB SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE THANA KAMPOO DISTRICT GWALIOR
                                 (MADHYA PRADESH)

                           2.    DAYALDAS SUKHIJA S/O LATE SHRI AMMULAL
                                 SUKHIJA, AGED ABOUT 69 YEARS, R/O SHIVPURI
                                 LINK ROAD, GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI R.S. KUSHWAHA - DEPUTY ADVOCATE GENERAL FOR
                           RESPONDENT NO.1/STATE)
                           (BY SHRI HIRDESH SONI - ADVOCATE FOR THE RESPONDENT NO.2)

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

With consent heard finally.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure on the basis of compromise arrived at between the parties, the Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM

petitioners have prayed for quashment of complaint vide Crime No.494/2015 registered at Police Station Kampoo, Lashkar, District Gwalior for the offence under Sections 406 of the IPC and other consequential proceedings.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.15251/2023 and 15252/2023 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 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 Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM

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.15251/2023 and 15252/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

1 1 . Resultantly, the petition is allowed. Complaint vide Crime No.494/2015 registered at Police Station Kampoo, Lashkar, District Gwalior for the offence under Section 406 of the IPC and other consequential proceedings in furtherance thereto, if any, are hereby quashed.

1 2 . Accordingly, petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM

Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM