Laxmi Narayan 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-Charan Singh vide Crime No. 36/2013 registered at Police Station Raun, District Bhind for the offence under Sections 307, 34 of IPC and its consequent criminal proceedings. 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, Charan Singh.

Learned counsel for the respondent No. 2 submits that 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.

Respondent No. 2, Charan Singh by presenting himself before this Court also submits that he has settled the dispute with the petitioners amicably and he does not want to prosecute 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 alone vide Crime No. 36/2013 registered at Police Station Raun, District Bhind for the offence under Sections 307, 34 of IPC and its consequent criminal proceedings are ordered to be quashed.

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