Madhya Pradesh High Court
Vinod Singh Parihar vs The State Of Madhya Pradesh on 31 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 31 st OF MAY, 2024
MISC. CRIMINAL CASE No. 21092 of 2024
BETWEEN:-
1. VINOD SINGH PARIHAR S/O SHRI JABAR SINGH
PAR IHAR R/O BEECH KA PURA VAAH AGRA,
UTTAR PRADESH AGRA UP (UTTAR PRADESH)
2. VISHVENDRA SINGH SIKARWAR S/O SHRI
VIRENDRA SINGH SIKARWAR, AGED ABOUT 35
YEAR S , OCCUPATION: BUS CONDUCTOR R/O
NAYAB SINGH PURA, TOOR TILAVALI, POLICE
STATION MORENA (MADHYA PRADESH)
3. ITENDRA SHARMA S/O SHRI HARISHANKAR
SHAR M A R/O LALA KA BAZAR BHAGWANDAS
GUPTA, NEAR ADVOCATE LANE, GWALIOR
MADHOGANJ GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANKALP SHARMA- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION INDERGANJ GWALIOR
(MADHYA PRADESH)
2. OMPRAKASH SHIVHARE S/O LATE SHRI
PHOOLCHAND SHIVHARE, AGED ABOUT 66
YEAR S , R/O DAAL BAZAR, TIRAHA LASHKAR
GWALIOR (MADHYA PRADESH)
3. ASHA SHIVHARE W/O SHRI OMPRAKASH
SHIVHARE, AGED ABOUT 63 YEARS, R/O DAAL
BAZAR, TIRAHA LASHKAR GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI A.P.S. TOMAR- GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE)
(SHRI MANAS DUBEY- ADVOCATE FOR RESPONDENTS NO. 2 AND 3)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 01-06-2024
10:19:21 AM
2
This application coming on for admission this day, the court passed the
following:
ORDER
With consent heard finally.
1. The present petition has been preferred by the petitioners under
Section 482 of the Code of Criminal Procedure seeking quashment of FIR
registered at Crime No.317/2020 at Police Station Inderganj, District Gwalior
fo r the offence under Sections 420, 467, 468, 471 and 120-B of IPC and
subsequent proceedings thereof on the basis of compromise.
2. It appears that parties agreed to settle the matter and therefore,
applications vide I.A.No.9982/2024 has 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. The 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 counsel for the respondent No.1/State opposed the prayer
and prayed for rejection of the petition.
5. 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. Both parties have regrets for using the machinery of law
and order as well as administration of justice for their personal gains.
Therefore, they want to show their sincerity towards the institution and
society by doing some meaningful work.
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, application for compounding
the offence vide I.A.No9982/2024 is allowed because no fruitful purpose
would be served in continuation of trial. Thus, parties are permitted to
compound the offences.
11. This Court gave suggestions to the petitioners to rise to the occasion
and try to make some efforts and sincere endeavors for betterment of the
country and environment. Considering the suggestions and after due
contemplation, they are ready to deposit Rs.15,000/- (Rupees Ten Thousand
Only) in favour of Army Central Welfare Fund having A/C
No.520101236373338 of Union Bank of India, Branch Chandni Chowk,
Delhi-110006, IFSC Code UBIN0530778 within fifteen days from the date
of receipt of certified copy of this order.
12.Resultantly, the petition is allowed. FIR registered at Crime
No.317/2020 registered at Police Station Inderganj, District Gwalior for the
offence under Sections 420, 467, 468, 471 and 120-B of IPC against the
petitioners and subsequent proceedings thereof are hereby quashed.
13. If petitioners and respondent intend to involve in creative pursuits
t h e n they can plant 50 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.
14. Petition stands allowed and disposed of in above terms.
15. Copy of this order be sent to the trial Court concerned for
compliance.
16. Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Vishal
