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Rishi Kesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 5271 MP

Citation : 2025 Latest Caselaw 5271 MP
Judgement Date : 8 March, 2025

Madhya Pradesh High Court

Rishi Kesh vs The State Of Madhya Pradesh on 8 March, 2025

Author: Anand Pathak
Bench: Anand Pathak
                                                               1                             MCRC-54373-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        LOK ADALAT
                                                     MCRC No. 54373 of 2024
                                    (RISHI KESH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 08-03-2025
                                 Shri Sunil Bharadwaj - Advocate for the petitioners.
                                 Shri A.K. Nirankari - Public Prosecutor for the respondents/ State.

Shri Arshad Ali - Advocate for respondent No.4/ complainant.

1. The present petition is preferred under Section 482 of Cr.P.C.

(Section 528 of BNSS) for quashing of FIR registered at Police Station Mahua, District-Morena in connection with Crime No.105/2024.

2. It appears that parties are agreed to settle the matter and they want to settle the matter once and for all. They filed applications vide I.A.No.26780/2024 and I.A.No.26781/2024 under Section 320 of Cr.P.C. to settle the matter by way of compromise. Both the parties have appeared before the Principal Registrar of this Court on 16/01/2025 to ink-down their identities and intents. The Principal Registrar of this Court has duly verified the intent and signatures of parties. The report in this regard is attached. The

same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.

3. Learned Public Prosecutor for the respondent/State has no objection if both the parties want to settle the dispute by way of compromise.

4. Learned counsel for respondent No.4/ complainant also supports the prayer of petitioner for compromise. He referred the statement of

2 MCRC-54373-2024 complainant given before the Principal Registrar of this Court that he is ready to settle the matter once and for all.

5. 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.

6. 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 6 41, 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.

7. Considering the submissions 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 320 of Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below.

8. Thus, in the interest of justice, applications vide I.A.No.26780/2024 and I.A.No.26781/2024 are allowed, the prayer made by the parties is hereby accepted because no fruitful purpose would be served in continuation of trial.

3 MCRC-54373-2024 Thus, parties are permitted to compound the offences by way of compromise.

9. Resultantly, the petition is disposed of in the light of the compromise arrived at between the parties. FIR registered at Crime No.105/2024 at Police Station Mahua, District-Morena against the petitioners for the offence punishable under Sections 324(4) of BNSS, 296 of BNSS, 115(2) of BNSS, 351(2) of BNSS and 3(5) of BNSS and all the consequential criminal proceedings arising out the said crime number is hereby quashed.

10. Copy of this order be sent to the trial Court concerned for compliance.

11. Certified copy as per rules.

                                 (ANAND PATHAK)                                 (HARISH DIXIT)
                                    MEMBER                                         MEMBER
                           VC

 
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