Arun Singh and Other vs State of M.P. and Others

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, Autar Singh vide Crime No. 50/2012 u/s 307/34 of IPC registered at Police Station Antri, 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. The counsel for the respondent No. 2 submits that on the instruction from his client, both 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 complainant, Autar Singh has submitted an affidavit dated 15.1.2013.

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.

Looking to the nature and gravity of the offence, the alleged offence is not of a such nature that it would affect the law and order of the area or for that matter public order.

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 petitioner vide Crime No. 50/2012 u/s 307/34 of IPC registered at Police Station Antri, District Gwalior are ordered to be quashed. This petition is disposed of accordingly.