Sunil and another vs State of M.P. and Others

Brij Kishore Dube, J.—This petition u/s 482 of Cr.P.C. has been filed by the petitioner for quashing the criminal proceedings instituted against them by the respondent No. 2, Balle alias Balram vide Crime No. 34/2013 under Sections 307/34 of IPC registered at Police Station Gole Ka Mandir, District Gwalior. The quashment of criminal proceedings has been prayed by the petitioners on the ground of the compromise of the matter with the complainants being respondents No. 2 & 3, Balle a & Shri Indel Singh, respectively.

The counsel for the respondents No. 2 & 3 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 petitioner. In this regard, affidavits dated 10.05.2013 of respondents No. 2 & 3, Balle alias Balram & Indel Singh have been submitted affidavit dated 10.05.2013.

Respondent No. 2, Balle and respondent No. 3, Indel Singh by presenting themselves before this Court have also submitted that the subject-matter of crime has been settled and they 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. 34/2013 under Sections 307/34 of IPC registered at Police Station Gole Ka Mandir, District Gwalior are hereby quashed. This petition is disposed of accordingly.