Brajesh Sharma vs State of M.P. and Others

Brij Kishore Dubey, J.—This petition u/s 482 of Cr.P.C. has been filed by the petitioner for quashing the criminal proceedings instituted against him by the respondent No. 2, Ku. Bundana Singh vide Crime No. 189/2013 under Sections 354 of IPC and 5(n) of the Protection of Children from sexual Offences Act, 2012 registered at Police Station, Mahila Thana, Padav, Gwalior. The quashment of criminal proceedings has been prayed by the petitioner on the ground of the compromise of the matter with the complainant being respondent No. 2, Ku. Bundana Singh. It is further submitted that the alleged offence has been compromised by the respondent No. 2 and her father Kaushal Singh with the petitioner, therefore, the dispute has been settled between the parties amicably and entered into a compromise. It is further submitted that as per FIR and the statement recorded u/s 161 of Cr.P.C., of the prosecutrix only allegation against the petitioner is that he mole stated the complainant by kissing her and also by putting hand on her breast.

The counsel for the respondents No. 2 & 3 has supported the submissions of learned counsel for the petitioner.

Learned Public Prosecutor submits that as per statement of the prosecutrix recorded u/s 161 of Cr.P.C., and other material available in the case diary, no case of u/s 376 of IPC is made out against the petitioner.

Ku. Bundana Singh, the respondent No. 2 by presenting herself before this Court alongwith her father being the respondent No. 3 also submits that with the intervention of the senior members of the society, she has settled the dispute with the petitioner amicably and now she does not want to prosecute the petitioner. She prayed that the criminal proceedings pending against the petitioner may be quashed. Similar statement has been given by the respondent No. 3, Kaushal Singh who is father of the victim. He further submits that in the interest of his daughter, he has amicably settled the matter by entering into a compromise with the petitioner.

Since the respondent No. 2 is of 14 years age, therefore, her father Kaushal Singh filed an application being I.A. No. 9027/2013 for granting permission to compound the offence with the petitioner on behalf of his daughter.

The Supreme Court in Shiji @ Pappu and Others Vs. Radhika and Another, , it has been ruled that where there is no chance of recording conviction against the accused persons and the entire exercise of a trial is destined to be exercise of futility, the criminal case registered against the accused persons though it may not be compoundable can be quashed by the High Court in exercise of powers u/s 482 of Cr.P.C.

In view of the foregoing and having regard to the factum of compromise arrived at between the parties and in the light of law laid down by the Apex Court in the case of Shiji @ Pappu (supra), the criminal proceedings pending against the petitioners alone vide Crime No. 189/2013 under Sections 354 of IPC and 5(n) of the Protection of Children from sexual Offences Act, 2012 registered at Police Station, Mahila Thana, Padav, Gwalior are order to be quashed. The petitioner is reported to be in Jail, therefore, he be set at liberty, if not required in any other case. This petition is disposed of accordingly.