SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(MP) 471

VISHAL MISHRA
Subhash Parashar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Suresh Agarwal for applicant; Naval Kishore Gupta, Public Prosecutor for respondent/State.

ORDER

1. By this petition the petitioner seeks invocation of the provision of section 482 of CrPC to quash the FIR registered as Crime No.168/2014 at Police Station Mahila Thana Gwalior for the offence under section 292 of IPC and its further consequences i.e. RCT No.2418640/14 pending before JMFC Gwalior.

2. During pendency of the proceedings an application was filed under section 320 (2) of CrPC to the effect that parties have arrived at amicable settlement.

3. Considering the aforesaid, the matter was sent to the Principal Registrar of this Court. The parties presented themselves before Principal Registrar and their statements got recorded on 3.5.2021. The Principal Registrar has opined as follows :

“According to section 320 of Cr.P.C.the offences u/s. 509 of IPC has already been compounded by the trial Court and offence under section 292 of IPC is not compoundable.”

4. The Supreme Court in Shiji @ Pappu and others v. Radhika & Another, 2012 Cr.L.R. (SC) 69, 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 an exercise in futility, the criminal case registered against the accused

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top