Madhya Pradesh High Court
Sourabh Mishra vs Ramesh Chandra Awasthi 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. 26992 of 2018
BETWEEN:-
SOURABH MISHRA S/O SHRI SHIVKUMAR MISHRA,
AGED ABOUT 35 YEARS, R/O VIVEKANANAD COLONY
GANESHPURA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DHARMENDRA RISHISWAR- ADVOCATE)
AND
1. RAMESH CHANDRA AWASTHI S/O LATE SHRI
RAMESHWAR DAYAL AWASTHI, AGED ABOUT 62
YEARS, OCCUPATION: PRO. DEELAR R/O MAKAN
NO. 335 NORGABAD P.S.KOTWALI (UTTAR
PRADESH)
2. SMT. INDRA AWASTHI W/O RAMESH CHANDRA
AWASTHI, AGED ABOUT 57 YEARS, OCCUPATION:
PRIVATE SCHOOL TEACHER R/O HOUSE NO 335
NOURAGABAD THANA KOTWALI DISTT ETAWA
(UTTAR PRADESH)
3. SMT. DEEPTI MISHRA W/O SOURABH MISHRA,
AGED ABOUT 33 YEARS, R/O HOUSE NO 335
NOURAGABAD THANA KOTWALI DISTT ETAWA
(UTTAR PRADESH)
4. ANUJ AWASTHI S/O RAMESH CHANDRA
AWASTHI, AGED ABOUT 25 YEARS, R/O HOUSE
NO 335 NOURAGABAD THANA KOTWALI DISTT
ETAWA (UTTAR PRADESH)
5. PRADEEP SHUKLA AGED ABOUT 48 YEARS,
OCCUPATION- PRIVATE JOB R/O HOUSE NO 335
NOURAGABAD THANA KOTWALI DISTT ETAWA
(UTTAR PRADESH)
6. THE STATE OF MADHYA PRADESH THROUGH
POLICE CITY KOTWALI DISTT MORENA
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 01-06-2024
10:19:21 AM
2
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI R.S. KUSHWAH- DY. ADVOCATE GENERAL FOR
RESPONDENT/STATE)
(SHRI VAIBHAV MISHRA- ADVOCATE FOR RESPONDENTS NO. 1 TO 5)
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
the petitioner seeking quashment of the order dated 05.04.2018 passed by Third
Additional Sessions Judge, Morena whereby order dated 01.04.2017 passed by
JMFC, Morena passed in case no 151/2016 was affirmed.
2 . Learned counsel for petitioner informed this Court that private
complaint filed by petitioner under Section 294, 323, 406, 500 and 506B of the
IPC ultimately resulted into settlement between the parties. Now both the parties
intend to settle the matter and petitioner namely, Saurabh Mishra has given Rs.
1,35,000/- to respondent No.3 before learned mediator Shri S.K. Sharma. Now,
both the parties do not want to pursue the litigation and want to settle the matter
once and for all. Mediation report dated 24.05.2024 is attached in the office file
along with copy of the cheque.
3. Learned Govt. Advocate for the respondent No.1/State opposed the
prayer and prayed for rejection of the petition.
4. Learned counsel for the complainant argued in support of petitioners'
prayer for compromise.
5 . Heard learned counsel for the parties at length and perused the
documents appended thereto.
6. From perusal of record, it appears that both the parties have settled
their matter. Mediation report along with cheque attached with the petition
indicate that parties have arrived to a peaceful settlement. All the cases/disputes
between the parties have been settled.
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. Resultantly, the petition is allowed. Case registered as case No.
151/2016 pending before JMFC, Morena and all consequential proceedings
arsing therefrom are hereby quashed against the petitioner on the basis of
mediation.
11. Petition stands allowed and disposed of in above terms.
12. Copy of this order be sent to the trial Court concerned for
compliance.
13. Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Vishal
