Arpit Saxena vs The State Of Madhya Pradesh
2024 Latest Caselaw 5648 MP

Madhya Pradesh High Court

Arpit Saxena vs The State Of Madhya Pradesh on 23 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 23 rd OF FEBRUARY, 2024
              MISC. CRIMINAL CASE No. 48609 of 2023

BETWEEN:-
ARPIT SAXENA S/O SHRI R S SAXENA, AGED ABOUT 32
YEARS, OCCUPATION: PRIVATE JOB VISHAL GENERAL
STORE KE PICHE 204 SAPTAM APARTMENT
LAKKADKHANA GWALIOR MP (MADHYA PRADESH)

                                                             .....APPLICANT
(BY SHRI RANJEET KHANVILKAR - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE THANA
      UNIVERSITY GWALIOR MP (MADHYA PRADESH)

2.    MAUSAMI MUKHARJI W/O SHRI ABHISHEK
      RANA, AGED ABOUT 47 YEARS, C-67 GOVINDPURI
      VISHV VIDHALAY GWALIOR (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI NILESH SINGH TOMAR - PUBLIC PROSECUTOR FOR
RESPONDENT NO.1/STATE )
BY SHRI JITENDRA KUMAR TYAGI - ADVOCATE FOR RESPONDENT
NO.2)

      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 t h e petitioner seeking quashment of FIR registered at Police Station Vishwavidayalaya, District Gwalior vide Crime No.61/2023 for the offence punishable under Sections 420, 406 and 409 of IPC and further quashment of

other criminal proceedings arising therefrom including S.T. No.484/2023 pending before the Court of First Additional Sessions Judge, District Gwalior on the basis of compromise arrived at between the parties.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.19890/2023 and I.A. No.19891/2023 have been jointly 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 . 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. In pursuance of the direction of this Court, Rs.5,000/- has already been deposited by the petitioner in favour of Juvenile Justice 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 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.

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.19890/2023 and I.A. No.19891/2023 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 Crime No.61/2023 at Police Station Vishwavidyalaya, District Gwalior for the offence punishable under Section 420, 406, 409 of IPC against the petitioner is hereby quashed. All the consequential proceedings flowing out of the said FIR including S.T. No.484/2023 pending before the Court of First Additional Sessions Judge, District Gwalior against the petitioner also stands 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. One copy of the order be sent to Secretary, Juvenile Justice Committee of M.P. High Court at Jabalpur for information.

15. Certified copy as per rules.

(ANAND PATHAK) JUDGE Van

VANDANA VERMA 2024.02.23 12:48:07 +05'30'