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Madhya Pradesh High Court · body

2015 DIGILAW 812 (MP)

Chandrabhan Singh v. State of M. P.

2015-08-07

S.K.PALO

body2015
ORDER 1. This petition, the petitioners seek invocation of the provision of section 482 of CrPC to quash the FIR registered at Police Station, Bhauapura District Datia as Crime No.42/2015 under sections 393, 398 of IPC, section 11/13 of MPDVPK Act and section 25/27 of Arms Act. 2. On the report of the respondent No. 2, crime was registered at Police Station Bhauapura on 3.7.2015 against unknown persons. Subsequently, during investigation, petitioners have been included as accused persons. 3. I.A. No. 5886/2015 and 5888/2015, applications for compromise supported by affidavit of respondent No. 2 has been verified by the Principal Registrar on 24.7.2015. Report has been submitted that the Principal Registrar has satisfied that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. 4. Counsel for the petitioners placed reliance on the copies of the orders passed by this Court in Miscellaneous Criminal Case No.7587/2013 (Ramniwas and another v. State of M.P. and another) dated 20.9.2013 and Miscellaneous Criminal Case No. 5926/2014 (Hanumant Singh v. State of M.P. and another) dated 1.9.2014, in which the offence under sections 392 and 394 of IPC read with section 11/13 of MPDVPK Act has been compounded and the criminal proceedings have been quashed. 5. Considering the fact that no fruitful result would come out if the proceedings are allowed to proceed as regarding offence under sections 393 and 398 of IPC read with section 11/13 of MPDVPK Act, it would be a futile exercise and waste of valuable time of the Court. 6. Considering the same and following the law laid down by the Hon’ble Supreme Court in Shiji @ Pappu and others v. Radhika and another, reported in (2012)1 SCC (Cri) 101 and Gian Singh v. State of Punjab and another, reported in (2013)1 SCC (Cri) 160, this petition is partly allowed. Criminal proceedings of Crime No.42/2015 registered at Police Station, Bhauapura as regarding offence punishable under sections 393 and 398 of IPC read with section 11/13 of MPDVPK Act are quashed. However, it is made clear that the proceeding of the Miscellaneous Criminal Case No. 6908/2015 Chandrabhan Singh and others v. State of M.P. and another same crime number under section 25/27 of the Indian Arms Act shall remain un-effected. 7. With the aforesaid, this petition is partly allowed. ...........