Madhya Pradesh High Court
Ramkumar Inawati vs The State Of Madhya Pradesh on 6 August, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 MCRC-32207-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 6 th OF AUGUST, 2024
MISC. CRIMINAL CASE No. 32207 of 2024
RAMKUMAR INAWATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aditya Singh Ghuraiya - Advocate for petitioner.
Shri Vijay Sundaram - Public Prosecutor for respondent No.1/State.
Shri Jitendra Kumar Maurya - Advocate for respondent No.2.
ORDER
With consent heard finally.
1. The present petition under Section 482 of Cr.P.C. has been filed by the
petitioner seeking quashment of FIR registered at Police Station Daboh, District
Bhind vide Crime No.140/2019 for the offence punishable under Sections 420,
409, 467, 468, 471 of IPC and other consequential proceedings arising therefrom
viz.RCT No.314/2023 pending before the trial Court.
2. It appears that parties agreed to settle the matter and therefore,
applications vide I.A.No.15278/2024 and I.A. No.15279/2024 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. The Principal Registrar of this Court has duly verified the parties,
contents of applications, 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. In pursuance of the
direction of this Court, Rs.10,000/- has already been deposited by the petitioner in
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favour of Army Central Welfare Fund, receipt of which is attached.
4 . Learned counsel 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 submits that entire amount has already been received
by him. 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
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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.15278/2024 and I.A. No.15279/2024 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.140/2019 at Police Station Daboh, District Bhind for the offence punishable
under Section 420, 409, 467, 468, 471 of IPC and other consequential proceedings
arising therefrom viz.RCT No.314/2023 are hereby quashed against the petitioner
on the basis of compromise.
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. One copy of the order be sent to Army Headquarter, New Delhi for
information.
15. Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Van
