Prathviraj Chauhan vs The State Of Madhya Pradesh
2024 Latest Caselaw 12518 MP

Madhya Pradesh High Court

Prathviraj Chauhan vs The State Of Madhya Pradesh on 3 May, 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 3 rd OF MAY, 2024
              MISC. CRIMINAL CASE No. 12838 of 2024

BETWEEN:-
1.    PRATHVIRAJ CHAUHAN S/O SHRI ATUL SINGH
      CHAUHAN, AGED ABOUT 25 YEARS, OCCUPATION:
      STUDENT R/O CHATURVEDI NAGAR LAHAR
      ROAD CHAURAHA JILA BHIND M.P (MADHYA
      PRADESH)

2.    KRISHKANT SINGH CHAUHAN @ K.K. CHAUHAN
      S/O SHRI ATUL SINGH CHAUHAN, AGED ABOUT 27
      Y E A R S , OCCUPATION:   STUDENT      H-4
      SHATABDIPURAM, DEENDAYAL NAGAR, DIST.
      GWALIOR (MADHYA PRADESH)

                                                             .....APPLICANT
(BY SHRI ARUN KATARE - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE THANA
      MAHARAJAPURA JILA GWALIOR M.P (MADHYA
      PRADESH)

2.    RAJ SHARMA S/O SHRI RAMKARAN SHARMA,
      AGED ABOUT 20 YEARS, OCCUPATION: LABOUR
      D-13 BHAGAT SINGH NAGAR GOLA KA MANDIR
      DIST. GWALIOR (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI RAJEEV UPADHYAY - GOVT. ADVOCATE FOR RESPONDENT
NO.1/STATE)
SHRI S.S. DHAKAD - 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 petitioners seeking quashment of FIR registered at Police Station Maharajpura, District Gwalior vide Crime No.87/2024 for the offence punishable under Sections 323, 294, 506, 427, 34 of IPC 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.6352/2024 and I.A. No.6353/2024 have been 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 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 Govt. Advocate 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. Thus, in the interest of justice, application for compounding the offence vide I.A.No.6352/2024 and I.A. No.6353/2024 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 Crime

No.87/2024 at Police Station Maharajpura, District Gwalior for the offence punishable under Sections 323, 294, 506, 427, 34 of IPC is hereby quashed against the petitioners on the basis of compromise.

1 2 . I f petitioners and respondent intend to involve in creative pursuits t h e n they can plant 02 saplings for posterity to serve national/social/environmental cause and upload the photographs on NISARG

App as created by this Court on Geo- Fencing principle for this purpose only.

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 2024.05.03 17:37:08 +05'30'