Sunil Yadav and Others 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 respondent No. 2, Arun Kumar Gupta vide Crime No. 27/2013 registered at Police Station, Alampur, District Bhind for the offence under Sections 392 of IPC and 11/13 of MPDVPK Act. The quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter with the complainant, Arun Kumar Gupta being the respondent No. 2. It is further submitted that the alleged offence is purely personal in nature and the dispute has been settled amicably between the parties by entering into compromise. The petitioners further submits that in the FIR, it is mentioned that the accused have also taken mobile of the driver, Monu. During the investigation, the driver, Monu alias Mahendra Singh has also been impleaded as co-accused and, therefore, he has been arrayed in the petition as petitioner No. 3.

Learned counsel for the respondent No. 2 submits that on the instructions from his client, the petitioners and the complainant have amicably settled the subject-matter of the crime amongst themselves and he has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, Arun Kumar Gupta, respondent No. 2 has submitted affidavit dated 31/07/2013.

The learned Public Prosecutor submitted that on the basis of report lodged by Arun Kumar Gupta, offence under Sections under Sections 392 of IPC and 11/13 of MPDVPK Act was registered against the accused persons, however, during the investigation, the driver Monu alias Mahendra Singh has been arrested on 13/06/13 as an accused.

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. 27/2013 registered at Police Station, Alampur, District Bhind for the offence under Sections 392 of IPC and 11/13 of MPDVPK Act are ordered to be quashed. The petitioners are reported to be in jail, therefore, they be set at liberty if not required in any other case.

This petition is disposed of accordingly. Certified copy as per rules.