Pushkar Garwal vs State Of Madhya Pradesh

Subodh Abhyankar, J

This application under Section 482 of the Criminal Procedure Code, 1973 (hereinafter to be referred to as “CRPC”) for quashing the FIR lodged at Crime No.273/2020, registered at police station Raoti, District Ratlam under Section 354,354(c), 354(D), 506 of Indian Penal Code, 1860 (hereinafter to be referred to as “IPC”) and Section 67,67(A) of Information Technology Act,2000 (hereinafter to be referred to as “Act of 2000”)and all other subsequent proceedings arising out of it.

Shri Shadab Khan, learned counsel for the petitioner, at the outset, has submitted that the petitioner and the respondent no.2 were earlier engaged much prior to lodging of the FIR, and subsequently due to some misunderstanding the FIR came to be lodged. However, the parties have reconciled with each other, and now there is no dispute exists between them, and in fact the petitioner is going to marry the prosecutrix within a short period of time, hence an application under Section 320 of CRPC was filed before the trial Curt in which the statement of the victim has already been recorded in which she has turned hostile.

Counsel for the petitioner has further submitted that although the prosecutrix has not supported the case of the prosecution, however, the matter is likely to take some time before it is finally concluded, as there are more than 15 witnesses still remain to be examined. It is submitted that no purpose would be served to further drag the matter in the trial Court as the parties have already entered into a compromise.

Counsel for the petitioner has also submitted that the petitioner is a bright student and has been selected in the written test of the MPPSC, wherein he has already been called in the interview for M.P. State Forest Services which is already scheduled on 28.5.2024. Thus, it is submitted that it would be necessary for the petitioner to be cleared of the present charges otherwise a grave and irreparable injury shall be caused to his future.

Counsel for the respondent/State has submitted that appropriate order may be passed.

Prosecutrix is also present before this Court, and on a query made by this Court, she has submitted that no dispute remains between her and the petitioner, and the FIR as well as subsequent proceedings may be quashed.

Having considered the rival submission and on perusal of the documents filed on record, this Court is of the considered opinion that it is a fit case where the inherent powers of this Court under section 482 of the CRPC can be exercised, considering the fact that the parties are already known to each other and the fact that they were already engaged, and that the prosecutrix has already given her statement in the trial Court in which she has not supported the prosecution case, in view of the same, and the fact that the petitioner is due to appear in an interview which may be a life changer for him, no purpose would be served to further drag the matter before the trial court the final outcome of which is a forgone conclusion.

Accordingly, the application stands allowed, and the FIR lodged at Crime No.273/2020, registered at police station Raoti District Ratlam under Section 354,354(c), 354(D), 506 of IPC and Section 67,67(A) of Act of 2000 and all other subsequent proceedings pending before the trial Court in RCT.No.740/2021 in the Court of JMFC, Selana District Ratlam are hereby quashed. The petitioner is discharged from the charges as aforesaid.

It is also directed that the lodging of the FIR and further proceedings shall not come in the way of the petitioner’s appointment in any manner. It is also made clear that the factum of this criminal case shall not be reflected upon the character of the petitioner.

Accordingly, the application stands allowed and disposed of.