Jugal Kishore Swami vs State of M.P. and Another

Brij Kishore Dube, J.—This petition u/s 482 of Cr.P.C. is preferred by the petitioner/accused for quashing the criminal proceedings instituted against him by the respondent No. 2-Smt. Jamuna Devi Arya vide Crime No. 205/2013 registered at Police Station Kampoo, District Gwalior for the offence under Sections 354A(1)(i) of IPC and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and its consequent criminal proceedings. The quashment of criminal proceedings has been prayed by the petitioner on the ground of the compromise of the matter with the complainant being respondent No. 2, Smt. Jamuna Devi.

Learned counsel for the respondent No. 2 submits that both the parties have amicably settled the subject-matter of crime amongst themselves and she has no objection for dropping the criminal proceedings pending against the petitioner. In this regard applications (I.A. No. 9516/2013) has been submitted along with affidavit of the respondent No. 2 dated 1.10.2013.

Respondent No. 2, Smt. Jamuna Devi Arya by presenting herself before this Court also submits that she has settled the dispute with the petitioner amicably and she does not want to prosecute the petitioner.

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 petitioner alone vide Crime No. 205/2013 registered at Police Station Kampoo, District Gwalior for the offence under Sections 354A(1)(i) of IPC and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and its consequent criminal proceedings are ordered to be quashed.

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