[Cites 6, Cited by 0]
Madhya Pradesh High Court
Pradeep Gurjar vs The State Of Madhya Pradesh on 4 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:31534
1 MCRC-56135-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 4 th OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 56135 of 2024
PRADEEP GURJAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashok Kumar Upadhyay - Advocate for the petitioner.
Shri Saket Udeniya - PP for the State.
Shri Jitendra Singh - Advocate for the respondent No.2.
ORDER
With the consent of the parties, the matter is heard finally.
2 . This petition has been filed under Section 482 of the Cr.P.C. for
quashment of the criminal proceedings vide Crime No.530/2024 registered at
Police Station - Joura, District Morena, for offence punishable under
Sections 87 and 64 of BNS as well as consequential proceedings thereto.
3. It is submitted by the counsel for the petitioner that the parties filed
the applications vide I.As. No.27617/2024 and 27618/2024 for settlement of
the dispute on the basis of compromise because marriage has been
solemnized between the prosecutrix and petitioner. The aforesaid
applications were sent for verification before the Principal Registrar of this
Court. The accused and the complainant along with their counsel appeared
before the Registrar. On verification, he submitted that the compromise has
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been arrived between the parties without any pressure, duress or coercion and
the parties have entered into compromise willingly.
4. Counsel for the State submits that the offences under Section 87 and
64 of BNS are non-compoundable under Section 359 of BNS. Therefore, he
prayed for dismissal of the petition.
5. The attention of this Court has been drawn to the decision rendered
by the Supreme Court in Criminal Appeal Nos.394-395 of 2021 passed in
the case of Ananda D.V. v. State & another on 12.04.2021 wherein, in
similar circumstances, the order of the High Court rejecting the petition for
quashment of the FIR was set aside, and the FIR was quashed; and which
judgment has also been relied upon by this Court in Miscellaneous Criminal
Case No.43974/2021 (Shubham @ Lala s/o Shri Gopichand Thakur v. The
State of Madhya Pradesh and another) order dated 29.09.2021. Thus, it is
submitted that the FIR in the present case be also quashed as also the further
proceedings of the Crime No.416/2024 registered at Police Station - Civil
Line, District Morena.
6. The order passed by the Supreme Court in the case of Ananda D.V.
v. State & another (supra) reads, as under:
"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.
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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 dispose of."
7. The same view has been taken by a Co-ordinate Bench of this Court
in order dated 09.03.2022 passed in M.Cr.C No.11171/2022 (Chandan Singh
S/o Devisingh Vs. State of M.P. and another).
8. Considering the facts and circumstances of the present case and on
the anvil of the aforesaid decision rendered by the Supreme Court and further
the fact that the applicant and the prosecutrix have married to each other. The
matter has been amicably settled between the parties, therefore, this Court
finds that the petition needs to be allowed.
9. Resultantly, the present petition stands allowed; and FIR registered
against the petitioner in relation to Crime No.530/2024 registered at Police
Station - Joura, District Morena, for offence punishable under Sections 87
and 64 of BNS Act as well as consequential proceedings thereto are hereby
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quashed.
10. Accordingly, the petition is disposed of in above terms.
Certified copy, as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Rashid
