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Rajkumar vs The State Of Madhya Pradesh
2025 Latest Caselaw 5556 MP

Citation : 2025 Latest Caselaw 5556 MP
Judgement Date : 13 March, 2025

Madhya Pradesh High Court

Rajkumar vs The State Of Madhya Pradesh on 13 March, 2025

Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
         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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