Ravideep Singh Saini vs The State Of Madhya Pradesh
2024 Latest Caselaw 3993 MP

Madhya Pradesh High Court

Ravideep Singh Saini vs The State Of Madhya Pradesh on 12 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                           1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                ON THE 12 th OF FEBRUARY, 2024
             MISC. CRIMINAL CASE No. 44940 of 2022

BETWEEN:-
1.    RAVIDEEP SINGH SAINI S/O SHRI NARENDRA
      SINGH, AGED ABOUT 34 YEARS, OCCUPATION:
      PRIVATE   JOB    221,   ENCLEV   KAKAU,
      HOSHIYARPUR    THANA     MANDAL   TOWN
      HOSHIYARPUR (PUNJAB)

2.    NARENDRA SINGH S/O LATE SHRI BAKSHEESH
      SINGH, AGED ABOUT 71 YEARS, OCCUPATION:
      RETIRED 221 ENCLAVE KAKO HOSHIARPUR
      THANA MODEL TOWN HOSHIARPUR DISTRICT
      PUNJAB (PUNJAB)

3.    MANDEEP SINGH S/O SHRI NARENDRA SINGH,
      AGED ABOUT 31 YEARS, 221 ENCLAVE KAKO
      HOSHIARPUR     THANA     MODEL      TOWN
      HOSHIARPUR DISTRICT PUNJAB (PUNJAB)

4.    PARAMJEET KOUR W/O SHRI NARENDRA SINGH,
      AGED     ABOUT   65  YEARS, OCCUPATION:
      HOUSEWIFE 221 ENCLAVE KAKO HOSHIARPUR
      THANA MODEL TOWN HOSHIARPUR DISTRICT
      PUNJAB (PUNJAB)

                                                    .....APPLICANT
(BY SHRI RAVINDRA SINGH GURJAR - ADVOCATE FOR PETITIONERS )

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE THANA
      INDRGAN (MADHYA PRADESH)

2.    RAJIVINDAR KOUR SAINI W/O SHRI RAVIDEEP
      SINGH SAINI, AGED ABOUT 29 YEARS, GRAM
      JALALPUR   MOTIJHEEL PURANI CHAWANI
      DISTRICT GWALIOR (MADHYA PRADESH)

                                                 .....RESPONDENTS
                             2
(BY SHRI RAVINDRA SINGH KUSHWAH - DY.A.G. FOR RESPONDENT
NO.1/STATE )
BY SHRI ASHOK KUMAR KUSHWAH - ADVOCATE FOR RESPONDENT
NO.2./WIFE.

      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 Indarganj, District Gwalior vide Crime No.62/2021 for the offence punishable under Section 195-A of IPC as well as entire criminal proceedings arising therefrom

viz.RCT No.4375/2021 pending before the trial Court.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.20854/2023 and I.A. No.20855/2023 have been jointly preferred at the instance of parties and they want to settle the matter. Application is duly 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 counsel for 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. She 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. The matter pertains to domestic dispute which originates from offence under Section 498-A IPC and thereafter on the allegation, case under Section 195-A of IPC was registered against petitioners. Therefore, petitioners were prosecuting this case. Now they intend to settle the matter because petitioner No.1/husband and respondent No.2/wife have separated with consent by decree of divorce under Section 13- B of Hindu Marriage Act. Therefore, they don't want to prosecute the case against each other in any manner.

8. 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.

9. 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.

10. 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.

11 . Thus, in the interest of justice, application for compounding the offence vide I.A.No.20854/2023 and I.A. No.20855/2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

12. Resultantly, the petition is allowed. FIR registered at Police Station Indarganj, District Gwalior vide Crime No.62/2021 for the offence punishable under Section 195-A of IPC as well as entire criminal proceedings arising therefrom viz.RCT No.4375/2021 are hereby quashed.

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 Van

VANDANA VERMA 2024.02.13 10:37:41 +05'30'