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2020 DIGILAW 265 (MP)

Vikas Singh Parmar v. State Of M. P. And Another

2020-02-18

RAJEEV KUMAR SHRIVASTAVA

body2020
JUDGMENT Rajeev Kumar Shrivastava, J. - This application under Section 482 of CrPC has been filed for quashing the FIR in Crime No. 196/2019 registered at Police Station Pichhore, District Gwalior for offence under Section 336 of the IPC on the basis of compromise. 2. As per prosecution story, the complainant/respondent No.2 lodged a FIR against the applicant on the ground that on 25/11/2019, his mother was engaged in some customary function at the sand mining place for which lease was granted to his mother, the present applicant fired a gunshot in the air. The police registered a case against the applicant for the offence punishable under Section 336 of the IPC. 3. It is submitted by learned counsel for the applicant that respondent No. 2/complainant has entered into a compromise with the applicant and, therefore, the present petition has been filed for compounding the offence on the basis of compromise. 4. Along with the petition, an application (I.A. No. 18/2020) under Section 320 of CrPC has also been filed. The application is duly signed by both the parties and is supported by affidavits of respective parties. 5. In compliance of the order dated 21/1/2020 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent No. 2 Jitendra Bohare S/o Shri Suresh Bohare as well as applicant/accused Vikas Singh Parmar S/o Shri Vijay Pal Singh Parmar and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 320 CrPC, the offence under Section 336 of I.P.C. is not compoundable. 6. In the light of the judgments passed by the Supreme Court in the cases of Gian Singh vs. State of Punjab, 2012 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr., 2014 6 SCC 466 , and considering the fact that the parties have resolved their dispute as well as the nature of offence which cannot be said to be an offence against the society at large, FIR registered by Police Station Pichhore, District Gwalior against the applicant at Crime No. 196/2019 for the offence punishable under Section 336 of the IPC and all other consequential proceedings are hereby quashed. 7. Petition stands allowed accordingly.