Sanjeev vs State of M.P.

G.D. Saxena, Judge

Heard finally with the consent of the learned counsel for the parties. On perusal of this case, it appears that the complainants and the accused-petitioners both earlier moved an application for compromise u/s 320(2) of Cr.P.C. before this court and vide order dated 25/7/12, this court referred the matter to the Principal Registrar of the bench for verification of the compromise directing both the parties to appear before him. The matter was also directed to be fixed for hearing after the opinion is recorded. As per the opinion dated 30/7/12, it is informed that both the parties have settled their disputes voluntarily and amicably and now the complainants do not wish to continue with the proceedings of the criminal case against the petitioners-accused.

Learned counsel appearing for the petitioners on the point of compromise in non-compoundable offences has placed reliance on the decision of Hon. Apex Court in the cases of Jagdish Chanana and Others Vs. State of Haryana and Another, and Madan Mohan Abbot Vs. State of Punjab, and submitted that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed by this court in exercise of powers u/s 482 of Cr.P.C.

After hearing the learned counsel for the parties and taking into account the law laid down by Hon. 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 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

As a result, while allowing the petition, the proceedings in Sessions Trial No. 286/10 pending before the court of Additional Sessions Judge, Karera, district Shivpuri are hereby quashed. The petitioners stand acquitted of all the charges registered against them on the basis of FIR at Crime No. 348/10 by P.S. Karera, district Shivpuri. A copy of this order may be forwarded to the concerned court for information and necessary action.