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Judgment
This petition under Section 482 of CrPC has been filed for quashing the FIR in Crime No.324/2020 registered at Police Station Karera, District Shivpuri for the offences punishable under Sections 452, 323, 294, 506 and 34 of IPC.
It is submitted by learned counsel for the petitioners that respondent No.2/complainant has entered into a compromise with the petitioners and, therefore, the present petition has been filed for compounding the offence on the basis of compromise.
Along with the petition, an application being I.A. No.10756/2020 under Section 320(2) of Cr.P.C. has been jointly filed by the parties, the application is duly signed by petitioners and respondent No.2/complainant and is supported by affidavits of respective parties.
In compliance of the order dated 06/08/2020 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent No.2 Ramnivas Denga (Sharma) S/o Balmukund Denga as well as petitioners/accused Manikchandra Sharma S/o Shri Panna Lal, Manoj Sharma S/o Shri Vasudev Sharma and Mahendra Sharma S/o Shri Vasudev Sharma and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 320 CrPC, the offences under Sections 323, 506 & 34 of IPC is compoundable but Sections 452 & 294 of IPC are not compoundable.
In the light of the judgments passed by the Supreme Court in the cases of Gian Singh vs. State of Punjab, [(2012) 10 SCC 303] and Narinder Singh & Ors. vs. State of Punjab & Anr., [(2014) 6 SCC 466], and parties have resolved their dispute as well as the nature of offence which cannot be said to be an offence against the society at large, FIR registered by Police Station Karera, District Shivpuri against petitioners Manikchandra Sharma S/o Shri Panna Lal, Manoj Sharma S/o Shri Vasudev Sharma and Mahendra Sharma S/o Shri Vasudev Sharma at Crime No.324/2020 for the offences punishable under Sections 452, 323, 294, 506 and 34 of IPC and all other consequential proceedings are hereby quashed.
Petition stands allowed accordingly.