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2020 DIGILAW 2 (MP)

Ghanshyam Sharma v. State of M. P.

2020-01-06

S.A.DHARMADHIKARI

body2020
ORDER 1. Case Diary is perused. 2. Learned counsel for the rival parties are heard. 3. This petition has been filed, under section 482 of the CrPC, seeking quashment of FIR registered as Crime No.235/2018 at Police Station- Badarwas, District- Shivpuri for the offences punishable under sections 153A, 124-A of IPC and section 66 of Information Technology Act, on the basis of compromise. 4. During pendency of this petition filed under section 482 of CrPC, the applicant and the complainant have filed applications which were registered as I.A. Nod.1991/2019 and 1992/2019 stating that the dispute between the parties has been resolved and they are not inclined to prosecute the matter any more. 5. This Court, vide order dated 26.3.2019, 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 2.4.2019 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 , Anita Maria Dias and Anr. v. State of Maharashtra and anr. (2018) 3 SCC 290 , the 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, section 482 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, section 482 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 and the complainant have amicably resolved the issue and they are permitted to compound the offences, this Court allows this MCRC with the following directions : The FIR registered as Crime No. 235/2018 at Police Station Badarwas, District- Shivpuri for the offences punishable under 3 sections 153A, 124-A of IPC and section 66 of Information Technology Act and all consequential proceedings are hereby quashed. The applicant is discharged from all the charges. 9. The petition, accordingly, stands allowed. .................