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2019 DIGILAW 487 (MP)

Vikas Singh v. State of M. P.

2019-07-05

S.A.DHARMADHIKARI

body2019
ORDER 1. Case Diary is perused. 2. Learned counsel for the rival parties are heard. 3. This revision has been filed, under section 397, 401 of CrPC, against the judgment dated 20.8.2010 passed by Additional Judge to the Court of Additional Sessions Judge, Datia in Criminal Appeal No. 39/2010, whereby applicants were convicted under section 325 read with section 34 of the IPC and sentenced to suffer 6 months RI with fine of Rs. 200/- with the default stipulation, by partly affirming the order dated 17.5.2010 passed by JMFC, Bhander District Datia in Criminal Case No. 564/2005. 4. During pendency of this revision filed under section 397, 401 of CrPC, the applicant No. 3 Gambhir Singh and the complainant have filed applications under section 320(2) of CrPC which were registered as I.A. Nos. 349/2019 and 350/2019 stating that the dispute between applicant No.3 and the complainant has been resolved and they are not inclined to pursue the matter any more. 5. This Court, vide order dated 6.12.2018, had directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar has submitted his report on 17.5.2019 itself and verified the compromise. 6. In the cases of Jagdish Channa and others v. State of Haryana and another ( AIR 2008 SC 1968 ), Madan Mohan Abbot v. State of Punjab ( AIR 2008 SC 1969 ), Shiji v. Radhika and another (2011) 10 SCC 705 , and Narinder Singh and others v. State of Punjab (2014) 6 SCC 466 , Supreme Court has laid down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the Court can be saved and utilized in other material cases. 7. After hearing the learned counsel for the parties and taking into account the law laid down by the apex Court, in the opinion of this Court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, sections 397, 401 of CrPC can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below. Moreso, the offence in question is not against the society but merely affects the victim. 8. Under such a situation, sections 397, 401 of CrPC can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below. Moreso, the offence in question is not against the society but merely affects the victim. 8. Consequent upon the above said facts and that the accused applicant No. 3 and the complainant have amicably resolved the issue and the offences being compoundable, it is directed thus : The judgment dated 20.8.2010 passed by Additional Sessions Judge, Datia in Criminal Appeal No. 39/2010 and the judgement dated 17.5.2010 passed by JMFC, Bhander District Datia in Criminal Case No. 564/2005 are hereby quashed in respect of applicant No. 3- Gambhir and all consequential proceedings are also hereby quashed. He, accordingly, stands acquitted. 9. The revision petition has already been allowed in respect of applicant No. 1 Vikas Singh vide order dated 21.12.18. Name of applicant No. 2 Uttam Singh has been deleted in pursuance of order dated 6.12.2018 consequent upon his death. 10. The revision petition, therefore, stands allowed and disposed of.