Madhya Pradesh High Court
Prashant Sharma 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. 56765 of 2023
BETWEEN:-
1. PRASHANT SHARMA S/O SHRI RAMHET
SHARMA, AGED ABOUT 26 YEARS, OCCUPATION:
STUDENT R/O VILLAGE BINDWA KWARI POST
DEEKHATPURA MORENA (MADHYA PRADESH)
2. HARIOM SHARMA S/O SHRI SOVRAN SHARMA,
AGED ABOUT 28 YEARS, OCCUPATION: PVT. JOB
R/O GANJRAMPUR CIVIL LINE, DISTRICT
MORENA (MADHYA PRADESH)
3. VISHNU SHARMA S/O SHRI DHANIRAM SHARMA,
AGED ABOUT 37 YEARS, OCCUPATION: AGRIL.
R/O KASPURA GALETHA BAGCHINI DISTRICT
MORENA (MADHYA PRADESH)
4. PRADEEP SHARMA S/O SHRI MURARI LAL
SHARMA, AGED ABOUT 22 YEARS, OCCUPATION:
AGRIL. R/O BINDWA KWARI, DISTRICT MORENA
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANAND PUROHIT- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION KAMPOO DISTRICT GWALIOR
(MADHYA PRADESH)
2. ASHWIN CHOUHAN S/O SHRI RAYALASON
CHOUHAN, AGED ABOUT 27 YEARS,
OCCUPATION: DOCTOR CURRENT RESIDENT:
RAAVI SHANKAR, J.H. HOSPITAL, GWALIOR (M.P.)
PERMANENT RESIDENT :A-35 ADARSH NAGAR
KHARGAON MENGAON (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MAN SINGH JADON- GOVERNMENT ADVOCATE FOR
Signature Not Verified
Signed by: RASHID KHAN
Signing time: 13-02-2024
07:43:20 PM
2
RESPONDENT NO.1/STATE)
(SHRI ASHISH 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
the petitioners seeking quashment of FIR registered at Police Station Kampoo,
District Gwalior vide Crime No.27/2023 for the offence punishable under
Section 353, 294, 332, 506, 507 and 34 of IPC and Section 3/4 of M.P. Medical
Protection Act,2008 as well as entire criminal proceedings arising therefrom
viz.RCT No.3375/2023 pending before the trial Court.
2 . It appears that parties agreed to settle the matter and therefore,
applications vide I.A.No.23264/2023 and I.A. No.23265/2023 have been
jointly preferred at the instance of parties and they want to settle the matter.
Applications are duly supported by their affidavits.
3 . T he 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.
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. 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.
1 0 . Thus, in the interest of justice, application for compounding the
offence vide I.A.No.23264/2023 and I.A. No.23265/2023 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 Police Station
Kampoo , District Gwalior vide Crime No.27/2023 for the offence punishable
under Section 353, 294, 332, 506, 507 and 34 of IPC and Section 3/4 of M.P.
Medical Protection Act,2008 as well as entire criminal proceedings arising
therefrom viz.RCT No.3375/2023 are hereby quashed.
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
Ashish*
