Manish & Anr. v. State Of Mp & Anr.

ORDER (ORAL)

The complainant, Smt. Ganga Rathore and Smt. Kanchan Rathore wife of the petitioner No. 1, Manish are also present in person and they have been identified by their respective counsel.

Heard on the question of admission.

With the consent of learned counsel for the parties, matter is heard finally.

This petition under Section 482 of Cr.P.C is preferred by the petitioners/accused for quashing the criminal proceedings instituted against them by the respondent No. 2, Smt. Ganga Rathore vide Crime No. 512/12 registered at Police Station, Thatipur, District Gwalior for the offence under Sections 307, 294, 34 of IPC and the subsequent criminal proceedings being Criminal Case No. 2602/13 under Sections 307, 294, 34 of IPC and 25/27 of the Arms Act pending before the Court of A.C.J.M, Gwalior.

The quashment of the criminal proceedings has been prayed by the petitioners on the ground of compromise of the matter with the complainant, Smt. Ganga Rathore being the respondent No. 2 and Smt. Kanchan Rathore wife of petitioner No. 1, Manish.

Learned counsel for the respondent No. 2 is present in the Court and submits that on the instructions from his client, the petitioners and the complainant have amicably settled the subjectmatter of the crime amongst themselves and he has no objection in dropping the criminal proceedings pending against the petitioners. In this regard, Smt., Ganga Rathroe, respondent No. 2 has submitted I.A No. 5468/13.

The respondent No. 2.complainant, Smt. Ganga Rathore and Smt. Kanchan Rathore by presenting themselves before this Court also submits that they does not wish to prosecute the petitioners as they have settled all the disputes amicably with the petitioners.

It is apposite to mention here that initially the criminal case against the petitioners vide Crime No. 512/12 for the offence under Sections 307, 294 & 34 of IPC was registered at Police Station, Thatipur, District Gwalior, however, on completion of the investigation, Sections 25/27 of the Arms Act have been added.

The Supreme Court in Shiji @ Pappu v. Radhika, 2012 Cr.L.R (SC) 69, 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 under Section 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 vide Crime No. 512/12 registered at Police Station, Thatipur, District Gwalior for the offence under Sections 307, 294 and 34 of IPC and the subsequent criminal proceedings being Criminal Case No. 2602/13 under Sections 307, 294 and 34 of IPC pending before the Court below are ordered to be quashed. However, it is made clear that the criminal proceedings pending against the petitioners in relation to the offence under Sections 25/27 of the Arms Act have not been quashed by this Court and, therefore, the Court/prosecution is at liberty to proceed against them for the aforesaid offence in accordance with law.

This petition is disposed of accordingly.

Certified copy as per rules.