Hariom Gupta @ Sonu Biswari and Another vs State of M.P.

Brij Kishor Dube, J.—This petition u/s 482 of Cr.P.C. is preferred by the petitioners for quashing the criminal proceedings instituted against them by the respondent No. 2, Harishankar Morya vide Crime No. 275/2013 under Sections 323, 294, 506 of IPC & 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Dabra, District Gwalior and the consequent criminal proceedings. The quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter with the respondents No. 2 being the complainant.

Learned counsel for the respondent No. 2 submits that both the parties have amicably settled the subject-matter of the crime amongst themselves and the complainant has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, the parties have submitted I.A. No. 8743/13 alongwith an affidavit of the respondent No. 2 dated 05/09/2013.

The respondent No. 2/complainant by presenting himself before this Court also submits that he does not wish to prosecute the petitioners as he has settled all the disputes amicably with 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 vide Crime No. 275/2013 under Sections 323, 294, 506 of IPC & 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Dabra, District Gwalior and the consequent criminal proceedings so far as it relates to the petitioners alone ordered to be quashed.

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