Prabhoj Kaur vs The State Of Madhya Pradesh

Shantanu Kemkar, J.—Heard.

By filing this petition u/s 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for quashing of the first information report (FIR) dated 01.05.2013 registered at Crime No. 157/2013 (Annexure-O) by Police Rauji Bazar, Indore under Sections 420, 406, 467, 468, 471 and 120-A of the Indian Penal Code, pursuant to the order dated 15.04.2013 (Annexure-N) passed by Judicial Magistrate First Class, Indore and the subsequent proceedings arising out of the said FIR.

According to the petitioners and respondent No. 3, they have entered into the compromise and they have filed this miscellaneous criminal case.

The following is the averments made in the miscellaneous criminal case: -

The Supreme Court in the matter of Nikhil Merchant Vs. Central Bureau of Investigation and Another, as well as in the matter of B.S. Joshi and Others Vs. State of Haryana and Another, has held and observed that if the matter is compromised then criminal proceedings would be waste of time and should be quashed.

In view of the fact that the parties have entered into the compromise outside the Court, I see no justification in not compounding the offence under Sections 420, 406, 467, 468, 471 and 120-A of the Indian Penal Code. Accordingly, I quash the FIR dated 01.05.2013 registered by respondent No. 1 vide Crime No. 157/2013 (Annexure-O) and quash the criminal complaint filed by respondent Kankeshwar Grih Nirman Sahkari Sanstha Maryadit pending before the Court of Judicial Magistrate First Class, Indore (Annexure-M).

The petition is allowed.