Ramniwas and Another vs State of M.P. and Another

Brij Kishore Dube, J.—This petition u/s 482 of Cr.P.C. is preferred by the petitioners/accused for quashing the criminal proceedings instituted against them by the respondents No. 2 Dinesh Kushwah vide Crime No. 65/2008 under Sections 392 of IPC and 11/13 of the MPDVPK Act registered at Police Station, Biloua, District Gwalior and its consequent criminal proceedings being Special Sessions Trial No. 63/2010 pending before the Special Judge (under MPDVPK Act), Dabra, District Gwalior. The quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter with the complainant being the respondent No. 2. It is specifically submitted by the learned counsel for the petitioners that after framing of the charge, the evidence of the prosecution witnesses has not been started and further the evidence of the complainant is yet to be recorded before the Trial Court.

Learned counsel for the respondent No. 2 submits that on the instructions from his client, the complainant/respondent No. 2 amicably settled the dispute and the subject-matter of the crime with the petitioners and he has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, I.A. No. 8765/13 alongwith affidavit dated 05/09/2013 have been submitted. The learned counsel for the complainant submits that the complainant has not been examined by the Trial Court.

The respondent No. 2 by presenting himself before this Court also submits that with the intervention of the senior members of the society, he has settled the dispute with the petitioners amicably and he does not wish to prosecute the petitioners and prays that the criminal proceedings pending against the petitioners may be quashed. He admitted before this Court that his evidence has not yet been recorded by the learned Trial Court.

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 vide Crime No. 65/2008 under Sections 392 of IPC and 11/13 of the MPDVPK Act registered at Police Station, Biloua, District Gwalior and its consequent criminal proceedings being Special Sessions Trial No. 63/2010 pending before the Special Judge (under MPDVPK Act), Dabra, District Gwalior are ordered to be dropped. This petition is disposed of accordingly.

Certified copy as per rules.