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2013 DIGILAW 472 (MP)

Jaldevi v. State of M. P.

2013-04-08

Brij Kishore Dube

body2013
ORDER (ORAL) 1. This petition under section 482 of CrPC is preferred by the petitioners for quashing the criminal proceedings instituted against them by the respondent No. 2, Shyam Singh vide Crime No. 473/11 under sections 420, 467 and 468 of IPC registered at Police Station, Morar, District Gwalior and the consequent criminal proceedings pending in ST No. 419/12 before IV Additional Sessions Judge, Gwalior. 2. The learned counsel for the petitioners submits that earlier, the complainant Shyam Singh amicably settled the dispute with one of the co-accused, Sandeep Yadav and, therefore vide orders dated 30.7.2012 passed in Mis. Cr. Case No. 396/12 and dated 26.11.2012 passed in Mis. Cr. Case No. 7853/12 by this Court, respectively, challan has not been filed against the co-accused, Sandeep Yadav, however, challan has been filed against the present petitioners. 3. Now, the quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter with the complainant, Shyam Singh being the respondent No. 2. 4. Learned counsel for the respondent No. 2 is present in the Court and submits that both the parties have amicably settled the subject-matter of the crime amongst themselves and he has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, the complainant, Shyam Singh (respondent No. 2) has submitted an application, IA No. 3217/13 alongwith affidavit. 5. The respondent No. 2/complainant by presenting himself before this Court also submits that he does not wish to prosecute the petitioners as he has settled all the disputes amicably with the petitioners. 6. Earlier, this Court by considering a petition under section 482 of CrPC, preferred by the complainant, Shyam Singh regarding the compromise between Shyam Singh and another co-accused, Sandeep Yadav passed the following order on 30.7.2012 (supra): “Keeping in view the aforesaid, this petition is disposed of with a direction that the factum of compromise between the parties shall be brought into the notice of the Investigating Officer at the time of filling FR, ER, and charge sheet as the case may be at the appropriate stage. With this direction, petition stands disposed of.” Subsequently, the following order was passed by this Court on 26.11.2012 (supra): “Petitioner has filed this petition under section 482 of CrPC, for deleting the name of respondent No. 2, Sandeep Yadav from the FIR, registered at Crime No. 473/11 at Police Station, Morar, District Gwalior (MP), this Court has passed an order dated 30.7.2012 in Mis. Cr. Case No. 396/12 and ordered the concerned Police for filing FR, ER, considering the compromise between the parties. Since the order has already been passed by this Court, therefore, respondents are directed to comply the order dated 30.7.2012” 7. The Supreme Court in Shiji @ Pappu and others v. Radhika and Anr., 2012 CrLR (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 CrPC. 8. 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) and the orders passed by this Court dated 30.7.2012 and 26.11.2012 (supra), the criminal proceedings pending against the petitioners vide Crime No. 473/11 under sections 420, 467 and 468 of IPC registered at Police Station, Morar, District Gwalior and the consequent criminal proceedings pending in ST No. 419/12 before IV Additional Sessions Judge, Gwalior only are ordered to be quashed. 9. This petition is disposed of accordingly. 10. Certified copy as per rules.