Prem Barman vs The State Of Madhya Pradesh
2024 Latest Caselaw 14121 MP

Madhya Pradesh High Court

Prem Barman vs The State Of Madhya Pradesh on 14 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                 1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 14th OF MAY, 2024
             MISC. CRIMINAL CASE No. 14433 of 2024

BETWEEN:-

PREM BARMAN S/O SHRI NARESH BARMAN,
AGED ABOUT 24 YEARS, OCCUPATION: LABOUR
R/O JHANDA CHOWK PURVA POLICE STATION
GARDHA   DISTRICT    JABALPUR  (MADHYA
PRADESH)
                                                        .....PETITIONER
(BY MS. SAVITA CHOUDHARY - ADVOCATE )

AND

THE STATE OF MADHYA PRADESH THROUGH
POLICE    STATION  TILWARA   DISTRICT
JABALPUR (MADHYA PRADESH)
                                                       .....RESPONDENT
(BY SHRI K. S. BAGHEL - GOVERNMENT ADVOCATE )

      This application coming on for admission this day, the court
passed the following:
                                 ORDER

Case diary is available.

2. This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 26.12.2023 passed in M.Cr.C. No.53727/2023.

3. The applicant has been arrested on 24.12.2021 in connection with Crime No.621/2021 registered at Police Station Tilwara, District Jabalpur

for the offence under Sections 366A, 376, 376 (2) (n), 450 of IPC, Sections 4, 5 (I), 5 (j) (ii) of POCSO Act and Sections 3 (2) (v), 3 (2) (va) and 3 (I) (w) (i) of SC/ST Act

4. It is submitted by counsel for the applicant that the complainant is ready to give her no objection.

5. According to the prosecution case, the complainant was minor and on her report, FIR was registered.

6. The Supreme Court in the case of Y. Balaji v. Karthik Desari and another, reported in 2023 SCC OnLine SC 645 has held as under :-

"36. The investigation and trial of a criminal case cannot be converted by the complainant and the accused into a friendly match. If they are allowed to do so, it is the Umpire who will lose his wicket."

7. Thus, it is clear that after having lodged FIR with regard to commission of offence during the minority of the complainant and after having deposed in the trial, the Court cannot allow the parties to play friendly match in the light of judgment passed in the case of Y. Balaji (supra).

8. At this stage, faced with such a situation, counsel for the applicant seeks permission of this Court to withdraw this application.

9. It is, accordingly, dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE

JP JITENDRA KUMAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL

2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c

PAROUHA 6324a2f64a5a, postalCode=482001, st=Madhya Pradesh, serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B7803 3E5FF10402B19143AD99, cn=JITENDRA KUMAR PAROUHA Date: 2024.05.14 18:39:04 +05'30'