Nishant Singhbajwa vs The State Of Madhya Pradesh
2024 Latest Caselaw 4157 MP

Madhya Pradesh High Court

Nishant Singhbajwa vs The State Of Madhya Pradesh on 13 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 13 th OF FEBRUARY, 2024
            MISC. CRIMINAL CASE No. 5702 of 2024

BETWEEN:-
NISHANT SINGHBAJWA S/O SHRI BALVINDER
SINGH BAJWA, AGED ABOUT 34 YEARS,
OCCUPATION: BUSINESS 1195 NEW DARPAN
COLONY THATIPUR DISTRICT GWALIOR MP
(MADHYA PRADESH)

                                                       .....APPLICANT
(BY MS. HARSHITA SHARMA - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH
      INCHARGE POLICE STATION THROUGH
      POLICE STATION JHANSI ROAD DISTRICT
      GWALIOR MP (MADHYA PRADESH)

2.    YASHMEV BHADORIA S/O SHRI ASHOK
      BHADORIA, AGED ABOUT 36 YEARS, BEHIND
      S.P. OFFICE CITY CENTER GIRD GWALIOR
      (MADHYA PRADESH)

                                                   .....RESPONDENTS
(BY SHRI M.S. JADON - GOVT. ADVOCATE FOR RESPONDENT
NO.1/STATE)
BY SHRI AKRAM KHAN - ADVOCATE FOR RESPONDENT
NO.2/COMPLAINANT

      Th is application coming on for   admission this day, t h e 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 petitioner seeking quashment of FIR registered at Police Station Jhansi Road, District Gwalior vide Crime No.1/2016 for the offence punishable under Sections 327, 294, 323, 506 and 34 of IPC as well as consequential proceedings pending at Case No.RCT/7005344/2016, on the basis of compromise between the parties.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.2617/2024 and I.A. No.2619/2024 have 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 h e 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 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.

0 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.2617/2024 and I.A.

No.2619/2024 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the

offences.

11. At this juncture, learned counsel for the petitioner submit that petitioner has regret for the proceedings undertaken involving the state machinery (Police, Prosecution and the Court) and for that he intends to do some national/social service by way of depositing Rs.10,000/- (Rs. Ten 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.1/2016 at Police Station Jhansi Road, District Gwalior for the offence punishable under Sections 327, 294, 323, 506 and 34 of IPC as well as consequential proceedings pending at Case No.RCT/7005344/2016 are hereby quashed as per the compromise arrived between the parties subject to deposit as suggested by petitioner.

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 19:07:20 +05'30'