Citation : 2025 Latest Caselaw 5556 MP
Judgement Date : 13 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:6114
1 MCRC-52487-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 13th OF MARCH, 2025
MISC. CRIMINAL CASE No. 52487 of 2024
RAJKUMAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pawan Pathak and Ms. Pratika Pathak - Advocate for applicants.
Dr. Anjali Gyanani - Public Prosecutor for respondent No.1/State.
Shri Vishant Singh Kaurav - Advocate for respondents No.2 and 3.
ORDER
This application under Section 482 of the Cr.P.C. has been filed for quashment of FIR in Crime No.153/2021, registered at Police Station Morar, District Gwalior for offence under Sections 420, 406, 409 of IPC as well as consequential criminal proceedings arising out of said FIR on the basis of compromise.
2. In the light of judgment passed by this Court in the case of Manoj
Kumar Goyal Vs. State of Madhya Pradesh and others reported in AIR Online 2019 MP 1198 , it is clear that when multiple persons are alleged to have been cheated, then each and every person has to be treated as a complainant irrespective of fact that whether he was cited as a witness or not?
3 . In the present case, allegations are that multiple persons were
NEUTRAL CITATION NO. 2025:MPHC-GWL:6114
2 MCRC-52487-2024 cheated. Only two persons i.e. respondents No.2 and 3 have entered into a compromise. Therefore, even if compromise is considered and allowed, still entire prosecution will not stand quashed and even otherwise prosecution cannot be quashed in piecemeal.
4. Under these circumstances, counsel for applicants seeks permission of this Court to withdraw this application.
5. It is, accordingly, dismissed as withdrawn.
(G. S. AHLUWALIA) JUDGE
Rashid
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