Madhya Pradesh High Court
Govind Shakyawar vs The State Of Madhya Pradesh on 8 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:5624
1 MCRC-45660-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HARISH DIXIT, SENIOR ADVOCATE
ON THE 8 th OF MARCH, 2025
MISC. CRIMINAL CASE No. 45660 of 2024
GOVIND SHAKYAWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashirbad Dwivedi, learned counsel for the petitioner.
Shri A.K.Nirankari, learned Government Advocate for respondent/State.
Shri Akhilesh Gupta, learned counsel for complainant.
ORDER
1. The present petition is preferred under Section 528 of BNSS for
quashing of FIR registered at Police Station Madhoganj, District Gwalior in
connection with Crime No.384/2024.
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.22662/2024 and I.A.No.22665/2024 under Section 359(1) of BNSS
to settle the matter by way of compromise. Both the parties have appeared
before the Principal Registrar of this Court on 12.11.2024 to ink-down their
identity and intent. 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.
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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 the complainant also supports the prayer of
petitioner for compromise. He referred the statement of complainant given
before the Principal Registrar of this Court that she 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 528 of BNSS can be justifiably invoked to prevent abuse
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of the process of law and wasteful exercise by the courts below.
8. Thus, in the interest of justice, applications vide I.A.No.22662/2024
and I.A.No.22665/2024 are allowed, the prayer made by the parties is hereby
accepted because no fruitful purpose would be served in continuation of trial.
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.384/2024 at Police Station Madhoganj, District Gwalior against the
petitioner for the offence punishable under Sections 296, 115(2), 351(2) of
BNS as well as 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
Ashish*
