Madhya Pradesh High Court
Rahul Chajed Jain vs The State Of Madhya Pradesh on 7 May, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 7 th OF MAY, 2024
MISC. CRIMINAL CASE No. 36080 of 2022
BETWEEN:-
1. RAHUL CHAJED JAIN S/O MOHANLAL JAIN, AGED
ABOUT 31 YEARS, OCCUPATION: BUSINESS, R/O
1407 DWARIKAPURI NAKODA MARBLE BEHIND
BALAJI TEMPLE INDORE (MADHYA PRADESH)
2. MOHANLAL JAIN S/O RATANLAL JAIN, AGED
ABOUT 63 YEARS, OCCUPATION: BUSINESS, R/O
1407, DWARIKAPURI, NAKODA MARBLE BEHIND
BALAJI TEMPLE, INDORE (MADHYA PRADESH)
3. SMT. LAXMIDEVI W/O MOHANLAL JAIN, AGED
ABOUT 58 YEARS, OCCUPATION: HOUSEWIFE, R/O
1407, DWARIKAPURI, NAKODA MARBLE BEHIND
BALAJI TEMPLE, INDORE (MADHYA PRADESH)
4. PANKAJ CHAJED S/O MOHANLAL JAIN, AGED
ABOUT 38 YEARS, OCCUPATION: BUSINESS, R/O
1407, DWARIKAPURI, NAKODA MARBLE BEHIND
BALAJI TEMPLE, INDORE (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI RAMKRISHNA SHASTRI - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION
DWARIKAPURI DISTRICT INDORE (MADHYA
PRADESH)
2. VICTIM X THROUGH P.S. DWARIKAPUR,
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAJESH JOSHI - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NO.1
BY SHRI VISMIT PANOT - ADVOCATE FOR RESPONDENT NO.2.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-05-2024
14:22:35
2
This petition coming on for admission this day, th e court passed the
following:
ORDER
This present petition has been preferred under Section 482 of the Cr.P.C
for quashment of the FIR registered at Crime No. No.149/2020 at Police Station
Dwarikapuri, District - Indore for the offences punishable under Section 376,
498-A, 506, 34 of the Indian Penal Code as well as the consequential
proceedings.
2. Parties have submitted that after filing of this petition, applications for
compromise bearing I.A. No.10042 of 2022 and I.A. No.10043 of 2022
were filed. The said applications were sent for verification before the Principal
Registrar/OSD of this Court.
3. A verification report has been received where the matter has been
reported to have been amicably settled between the petitioners and respondent
No.2/complainant without any threat, fear or coercion. It is hence submitted that
the proceedings be quashed.
4. Learned counsel for the respondent/State submits that the offence
under Section 376 IPC is non-compoundable.
5. Per contra, learned counsel for the petitioners placed reliance on the
order passed by the co-ordinate bench of this Court permitting quashment of
the FIR on the basis of compounding under Section 376 of the IPC. He cited
the order dated 10.03.2022 passed in M.Cr.C No.59974/2021 (Manoj Kumar
Vs. State of MP). He also placed reliance on the judgment passed by the Apex
Court passed in Criminal Appeal No.394-395/2021 (Ananda DV Vs. State
and Another) dated 12.04.2021, wherein in similar circumstances, the order of
the High Court rejecting the petition for quashment of FIR was set aside and the
FIR was quashed.
6. Heard learned counsel for the parties and perused the record as also
the decision rendered by the Supreme Court in the case of Ananda D.V. v.
State & another (supra).
7. The order passed by the Supreme Court in the case of Ananda D.V.
v. State & another (supra) reads, as under: -
"xxxxxxxxxxxxxxx
These appeals take exception to the judgment and order dated
14.11.2019 and 30.01.2020 passed by the High Court of Delhi at
New Delhi in Writ Petition Criminal Nos. 2382 of 2019 and 287
of 2020 respectively, whereby the High Court rejected the criminal
writ petitions for quashing of FIR No. 455 of 2013 dated
17.09.2013 in respect of offence registered at P.S. Safdarjung
Enclave, Delhi and the consequential proceedings emanating
therefrom.
The gravamen of the allegations in the FIR filed by the private
respondent was that the appellant had promised her that he will
marry her, which promise was not kept by the appellant. The FIR
was registered on 17.09.2013.
It is not in dispute that after the registration of FIR, the parties were
able to resolve their differences and eventually got married on
11.10.2014. The appellant as well as private respondent
represented by Ms. Meenakshi Arora, learned senior counsel
jointly state that they are enjoying happy married life.
A joint request is, therefore, made on behalf of the appellant and
the private respondent that the FIR registered on 17.09.2013 be
quashed as it was the outcome of some misunderstanding between
the parties.
Considering the nature of allegations in the FIR and the realization
of the fact that due to miscommunication FIR came to be
registered at the relevant point of time which
issues/misunderstanding have now been fully resolved and the
parties are happily married since 11.10.2014, the basis of FIR
does not survive. Rather registering such FIR was an ill-advised
move on the part of the private respondent, is the stand now taken
before us. It is seen that the appellant and private respondent are
literate and well- informed persons and have jointly opted for
quashing of the stated FIR.
Taking overall view of the matter, therefore, in the interest of
justice, we accede to the joint request of quashing of FIR in the
peculiar facts of the present case.
Hence, these appeals must succeed. The impugned judgment and
order is set aside. Instead, the Writ Petition filed by the appellant
for quashing is allowed, as a result of which, all steps taken on the
basis of impugned FIR be treated as effaced from the record in
law."
The appeals are disposed of in the above terms. Pending
applications, if any, stand disposed of."
8. Testing the facts and circumstances of the case, on the anvil of the
aforesaid decision rendered by the Supreme Court, this Court finds that the
petitioner has also made out a case for quashment of the FIR, as both the
parties have decided to bury their hatchets and prosecutrix has also filed
affidavits alongwith the applications that she has no objection if the FIR is
quashed. Thus, in such circumstances, this Court finds it expedient to allow the
present petition.
9. Resultantly, the present applications stand allowed and FIR registered
against the petitioners vide Crime No.149/2020 dated at Police-Station -
Dwarikapuri, District - Indore (MP) for offences punishable under Sections
376, 498-A, 506, 34 of Indian Penal Code, as also the subsequent charge sheet
are hereby quashed and the action taken against the petitioners pursuant thereto
be treated as effaced from record in law.
Certified copy as per rules.
(PRANAY VERMA)
JUDGE
jyoti
