Anil Tomar and Others vs State of M.P. and Another

Brij Kishore Dube, J.—This petition u/s 482 of Cr.P.C. has been filed by the petitioners for quashing the criminal proceedings instituted against them by the respondent No. 2, Smt. Puspa Devi vide Crime No. 582/12 u/s 307 read with 34 of IPC registered at Police Station, Gole Ka Mandir, Gwalior, District Gwalior. The quashment of criminal proceedings has been prayed by the petitioners on the ground of the compromise of the matter with the complainant being respondent No. 2, Smt. Puspa Devi.

Learned counsel for the respondent No. 2 submits that on instruction from his client i.e., respondent No. 2 the parties have amicably settled the subject-matter of crime amongst themselves and he has no objection for dropping the criminal proceedings pending against the petitioners. In this regard respondent No. 2, Smt. Puspa Devi has submitted an affidavit dated 09.04.2013. Learned counsel submits that on the earlier date, the respondent No. 2 was present before this Court and submits that she has no objection for dropping the criminal proceedings pending against the petitioners.

Learned counsel for the petitioners submits that the criminal cases registered against the petitioners have been terminated in acquittal. He has drawn attention of this Court towards the order-sheets dated 27.09.2012 passed in Criminal Case No. 9340/2012 wherein accused Anil Tomar, Dharmendra Sharma and Amit Tomar were acquitted under Sections 323, 294, 506 read with 34 of IPC, vide the judgment dated 10.10.2012 passed in Criminal Case No. 2441/2012 whereby the accused Gajju @ Bhagwan Singh, Amit Singh and Anil Tomar were acquitted, vide the order dated 4.10.2012 was passed in Criminal Case No. 9582/2012 whereby Ravi Kushwah and Amit Tomar were acquitted, vide the judgment dated 30.08.2011 passed by Sessions Judge (Dacoity) in Special Sessions Trial No. 6/2011 whereby Amit Singh, Anil Singh and Jeetu Shrivastava have been acquitted under Sections 394 of IPC read with 13 of M.P.D.V.P.K. Act and 452 and 323 of IPC, in Criminal Case No. 13509/2010 vide order dated 12.09.2011 passed by JMFC, Gwalior accused, Guddu @ Rajesh Singh, Amit Tomar, Anil Singh and Gaurav were acquitted and vide judgment dated 14.02.2011 passed by IV Additional Sessions Judge, Gwalior in Sessions Trial No. 402/2010 accused, Anil Singh Tomar, Amit Singh Tomar and Than Singh @ Thannu @ Thambo Jaat were acquitted. In this regard, copies of the aforesaid judgments and orders were submitted by the petitioners.

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. 582/12 u/s 307 read with 34 of IPC registered at Police Station, Gole Ka Mandir, Gwalior, District Gwalior are ordered to be quashed. This petition is disposed of accordingly.