CourtKutchehry.com
High CourtsSingle Bench

Suneel Pal vs State of M.P. and Another

Madhya Pradesh High Court · Decided on 16 December 2013 · Citation: (2013) 12 MP CK 0125

HON’BLE JUDGES
Sheel Nagu, J
RESULT
Disposed Off
CASE NUMBER
MCRC. No. 8507 of 2013
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 339 words

Sheel Nagu, 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 Badam Shakya vide Crime No. 164/2013 under Sections 327/34 of IPC registered at Police Station, Bhitarwar District Gwalior. The quashment of the criminal proceedings has been prayed by the petitioner on the ground of compromise of the matter with the complainant, Badam Shakya being the respondent No. 2.

2.

Learned counsel for the respondent No. 2 is present in the court and submits that on the instructions from his client, the petitioner and the complainant have amicably settled the subject-matter of the crime amongst themselves and he has no objection in dropping the criminal proceedings pending against the petitioner. In this regard, the complainant, Badam Shakya (respondent No. 2) has submitted an application (I.A. No. 9576/13 supported by an affidavit dated 30/09/2013).

3.

The respondent No. 2/complainant by presenting himself before this Court also submits that he does no wish to prosecute the petitioner as he has settled all the disputes amicably with the petitioner.

4.

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.

5.

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 vide Crime No. 164/13 under Sections 327/34 of IPC registered at Police Station, Bhitarwar District Gwalior so far as it relates to the petitioner alone are ordered to be quashed.

6.

This petition is disposed of accordingly. C.c. as per rules.