Madhya Pradesh High Court
Smt Malti Sharma vs The State Of Madhya Pradesh on 21 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 21 st OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 6022 of 2024
BETWEEN:-
1. SMT MALTI SHARMA W/O LATE SHRI BASANT
KUMAR SHARMA, AGED 46 YEARS, R/O LAXMI
COLONY DABRA P.S. DABRA DISTRICT GWALIOR
(MADHYA PRADESH)
2. SANJEEV RAJPOOT S/O SHRI SHIVMOHAN SINGH
RAJPOOT, AGED 59 YEARS, R/O 83 SHIV COLONY
GALI NO. 6 DABRA P.S.- DABRA, DISTRICT-
GWALIOR (MADHYA PRADESH)
3. ANIL KUMAR SHROTRIY S/O SHRI RAMJILAL
SHROTRIY, AGED 60 YEARS, R/O NEAR MASJID
WARD NO. 13 GUPTAPURA DABRA (MADHYA
PRADESH)
.....APPLICANT
(BY MS. AYUSHI VYAS- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DABRA DISTRICT GWALIOR
M.P. (MADHYA PRADESH)
2. RAVINDRA SINGH CHANDEL S/O LATE SHRI
RAMBALI SINGH CHANDEL AGED- 56 YEARS, R/O
NEAR CIVIL HOSPITAL USHA COLONY DABRA
DISTRICT GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NILESH SINGH TOMAR- GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1/STATE)
(SHRI SANJAY BEHRANI- ADVOCATE FOR RESPONDENT
NO.2/COMPLAINANT)
This application coming on for admission this day, the court passed the
following:
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 21-02-2024
06:57:42 PM
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- Dabra ,
District Gwalior vide Crime No.102/2020 for the offence punishable under
Sections 420/34, 467, 468, 471, 120B of the IPC as well as entire criminal
proceedings arising therefrom.
2 . It appears that parties agreed to settle the matter and therefore,
applications vide I.A. No.2759/2024 and I.A. No.2761/2024 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.2759/2024 and I.A. No.2761/2024 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 Police Station -
Dabra, District Gwalior vide Crime No.102/2020 for the offence punishable
under Sections 420/34, 467, 468, 471, 120B of the IPC as well as entire
criminal proceedings arising therefrom 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.
Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Vishal
