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2022 DIGILAW 1291 (MP)

Amrit Lal Basedia v. State of M. P.

2022-11-01

ANAND PATHAK

body2022
ORDER 1. The present petition has been preferred by the petitioners under section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR registered at Crime No.587/2014 at Police Station- Thatipur, District -Gwalior for the offence under sections 498-A, 506 Part- II, 34 of the IPC and section 3/4 of Dowry Prohibition Act and subsequent proceedings, on the basis of compromise. 2. It appears that parties agreed to settle the matter and therefore, applications vide I.A. No.13071/2022 and I.A. No.13072/2022 have been preferred at the instance of parties and they want to settle the matter. The applications are duly signed by respective parties (power of attorney holder on behalf of complainant) and same are supported by their affidavits. 3. The Principal Registrar of this Court has duly verified the parties, contents of applications, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion. Petitioners expressed their desire to serve National/Social cause to purge their misdeeds and / or to express gratitude for institutions which served their cause. 4. Counsel for the complainant argued in support of petitioners' prayer for compromise. He referred power of attorney and affidavit filed by the complainant and he is ready to settle the matter. 5. Heard learned counsel for the parties at length and perused the documents appended thereto. 6. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue. 7. The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others v. State of Haryana & another, AIR 2008 SC 1968 , Madan Mohan Abbot v. State of Punjab, AIR 2008 SC 1969 , Shiji v. Radhika & Another, (2011) 10 SCC 705 , Narinder Singh & others v. State of Punjab (2014) 6 SCC 466 , B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675 , Gian Singh v. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, (2017) 9 SCC 641 , 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. 8. After hearing 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 trial in such matter will be a futile exercise which will serve no purpose. Under such a situation, section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below. 9. To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, applications for compounding the offence vide I.A. No.13071/2022 and I.A. No.13072/2022 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offence. 10. Considering the suggestions and after due contemplation, it appears that petitioners are ready to take some positive steps towards betterment of the society and country. Therefore, they are expected to deposit Rs.5,000/- in favour of Army Central Welfare Fund having A/C No.520101236373338 of Union Bank of India, Branch Chandni Chowk, Delhi-110006, IFSC Code UBIN0530778 within 10 days from today. 11. Resultantly, the petition is allowed subject to deposit of the said amount. FIR registered at Crime No.587/2014 at Police Station- Thatipur, District - Gwalior for the offence under sections 498-A, 506 Part - II of the IPC and section 3/4 of the Dowry Prohibition Act and other criminal proceedings in furtherance thereto, if any, are hereby quashed. 12. Principal Registrar of this Court is directed to send a copy of this order to the Chief of Defence Staff/ex officio Secretary to Department of Military Affairs in Ministry of Defence, North Block, New Delhi for information purpose about the thoughtfulness of petitioner towards National Cause. Accordingly, this petition stands allowed and disposed of in above terms.