Madhya Pradesh High Court
MCRC/3469/2024 of GUDVANT PATIDAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3469 of 2024
BETWEEN:-
2.PRAFUL PATIDAR S/O DHANSHYAM PATIDAROCCUPATION: SERVICE BUDA, NARAYANGARH,MANDSAUR (MADHYA PRADESH)
(BY SHRI AMIT SINGH SISODIA, ADVOCATE)
.....PETITIONERS
AND
1.THE STATE OF MADHYA PRADESH STATIONHOUSE OFFICER THROUGH POLICE STATIONNARAYANGARH DISTRICT MANDSAUR (MADHYAPRADESH)HOUSE OFFICER THROUGH POLICE STATIONNARAYANGARH DISTRICT MANDSAUR (MADHYAPRADESH)
2.RAHUL RATHORE S/O BHAGIRATH, AGED ABOUT31 YEARS, OCCUPATION: SERVICE BUDA,MALHARGARH, MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MUKESH SHARMA, P.L./G.A. AND SHRI RAHUL PATIDAR, ADVOCATE FOR RESPONDENT NO.2/COMPLAINANT)
This petition coming on for admission this day, the court passed the following:
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ORDER
Petitioners and the complainant are present in person.
2. This petition has been filed by the petitioners under Section 482 of Cr.P.C. for quashing the FIR lodged at Crime No.0008/2024 registered at
Police Station Narayangarh, District Mandsaur(M.P.) under Sections 294, 506and 34 of the Indian Penal Code, 1860 and all other criminal proceedings arisingout of the aforesaid crime number.
3. Counsel for the petitioners has submitted that the matter has alreadybeen settled between the parties and an affidavit has also been filed in theconcerned police station but till date, no action has been taken by the police andthe petitioners are apprehending that they would be unnecessarily dragged in theCourt for such trivial offence, which actually did not take place.
4. The complainant Rahul Rathore, S/o Bhagirath Rathore is alsopresent and it is submitted that he does not wish to pursue the matter anyfurther and the counsel appearing for the complainant Rahul has also submittedthat the FIR may be quashed as the matter has already been settled between theparties, which also relates to a trivial offence under Section 294, 506 and 34 ofthe IPC.
5. Heard. Having considered the rival submissions and on perusal of the documents filed on record and the fact that the FIR has been lodged at CrimeNo.0008 of 2024 under Sections 294, 506 ad 34 of the IPC and the parties havealready buried their hatchets and further considering the fact that the charge-sheet has still not been filed, this Court is inclined to exercise its inherentjurisdiction, as no purpose would be served to further drag the matter.
6. Accordingly, the petition stands allowed and the FIR lodged at Crime No.0008/2024 registered at Police Station Narayangarh, DistrictMandsaur (M.P.) under Sections 294, 506 and 34 of the Indian Penal Code,1860 and all other criminal proceedings arising out of the aforesaid crimenumber are hereby quashed so far as it relates to the present petitioners only.
Bahar
(SUBODH ABHYANKAR)JUDGE