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2013 DIGILAW 1176 (MP)

Babulal v. State of MP

2013-09-27

BRIJ KISHORE DUBE

body2013
ORDER Brij Kishore Dube, J. 1. This petition under Section 482 of Cr.P.C. is preferred by the petitioners/accused for quashing the criminal proceedings instituted against them by the respondents No. 2, Smt. Mamta Patel vide Crime No. 243/2013 under Sections 307 read with 34 of IPC registered at Police Station, Gwalior, District Gwalior and its consequent criminal proceedings. The quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter between the parties as they are members of the same family. It is further submitted that during the pendency of the proceedings, the police after completing the investigation submitted challan before the Judicial Magistrate, First Class, Gwalior which was registered as the Criminal Case No. 7367/2013. 2. Learned counsel for the respondent No. 2 conceded the aforesaid submissions of the learned counsel for the petitioners. It is further submitted that the respondent No. 2 amicably settled the subject-matter of the crime with the petitioners and the complainant has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, I.A. Nos. 6206/13 and 6207/13 alongwith affidavit of the respondent No. 2 dated 19/06/2013 have been submitted. 3. Smt. Mamta Patel, the respondents No. 2 by presenting herself before this Court also submits that with the intervention of the senior members of the society, she has settled the dispute with the petitioners amicably and she does not wish to prosecute the petitioners and, therefore, the criminal proceedings pending against the petitioners may be quashed. 4. The Supreme Court in Shiji @ Pappu and others v. Radhika & Anr., 2012 Cr. L.R. (SC) 69, it has been ruled that where there is no chance of recording conviction against the accused persons and the entire exercise of a trial is destined to be exercise of futility, the criminal case registered against the accused persons though it may not be compoundable can be quashed by the High Court in exercise of powers under Section 482 of Cr.P.C. 5. In view of the foregoing and having regard to the factum of compromise arrived at between the parties and in the light of law laid down by the Apex Court in the case of Shiji @ Pappu (supra), the criminal proceedings pending against the petitioners vide Crime No. 243/2013 under Sections 307 read with 34 of IPC registered at Police Station, Gwalior, District Gwalior and its consequent criminal proceedings in Criminal Case No. 7367/2013 pending before the Judicial Magistrate, First Class, Gwalior are ordered to be quashed. The petitioners are reported to be in jail, therefore, they be set at liberty if not required in any other criminal case. 6. This petition is disposed of accordingly. Certified copy as per rules.