Madhya Pradesh High Court
Sumit Kumar Verma vs The State Of Madhya Pradesh on 30 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:2046
1 MCRC-45015-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 30th OF JANUARY, 2025
HEARING THROUGH VIDEO CONFERENCING
MISC. CRIMINAL CASE No. 45015 of 2024
SUMIT KUMAR VERMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Mukesh Sharma - learned counsel for the petitioners.
Shri A.P.S. Tomar- learned Public Prosecutor for respondent No.1/State.
Shri Devansh Udeniya- learned counsel for respondents No.2 to 5.
ORDER
Heard on the question of admission.
This petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita,
2023 (for short, BNSS) = Section 482 of Code of Criminal Procedure, 1973
(for short, Code) has been filed for quashment of First Information Report
(FIR) vide Crime No.358 of 2022 dated 13.11.2022 registered at Police
Station - Sirol, District Gwalior (MP) for commission of offence under
Section 307 read with Section 34 of Indian Penal Code, 1860 and also under
Section 3 (2) (v) of Scheduled Caste & Scheduled Tribe (Prevention of
Atrocity) Act, 1989 (herein after referred to as the Act), charge sheet arising
out of the FIR and subsequent proceeding.
2. Learned counsel for the petitioner submits that the parties have
entered into a compromise and in this regard they have filed IA No.22328 of
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2 MCRC-45015-2024
2024, an application under Section 320 (2) of the Code = 359 (2) of BNSS
and also IA No.22343 of 2024 , an application under Section 320 of the Code
= Section 359 of BNSS, therefore, petition be disposed of in terms of the
compromise.
3. This compromise petition was sent to the Principal Registrar of
this Court for verification of the factum of compromise. The factum of
compromise has been verified by the Principal Registrar of this Bench and he
has submitted report dated 12.11.2024.
4. From perusal of the report received from the Principal Registrar
of this bench, it is apparent that the parties have entered into compromise and
they are willing to get disposed off the criminal proceedings on the basis of
compromise. The Principal Registrar vide order dated 12.11.2024 has
submitted a report that parties have entered into a compromise voluntarily,
without any threat, inducement and coercion.
5. Learned counsel for the respondents No.2 to 5 - complainant has
no objection if case is disposed off as per compromise.
6. Learned counsel for the respondent - State has opposed the
prayer and referring to a judgment in case of State of Madhya Pradesh v.
Laxminarayan reported in AIR 2019 SC 1296 submits that the offence
involved in this case is an offence against the society, therefore, compromise
cannot be entertained and prays for dismissal of the petition.
7. Heard learned counsel for the parties and perused the record.
8. It is not in dispute that all the injured persons have entered into a
compromise voluntarily, without any inducement, threat or promise. Even
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though, each and every offence committed is against the society, but looking
to the individual nature of each case, in a petition under Section 482 of the
Code, a criminal case can be disposed off on the basis of compromise. This
Court finds it appropriate to allow this petition.
9. Accordingly, the petition is allowed in terms of the compromise
and FIR registered at Crime No.358 of 2022 dated 13.11.2022 (Annexure
P/1) at Police Station Sirol, District Gwalior (MP) for offence under Section
307 / 34 of IPC and under Section 3 (2) (v) of the Act, charge sheet arising
out of the FIR and all subsequent criminal proceedings (if any) are hereby
quashed. The petitioners are acquitted of the charges levelled against them.
10. Accordingly, the present case stands disposed off.
Pending interlocutory application, if any, stands disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rahul
