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NEUTRAL CITATION NO. 2026:MPHC-GWL:4690

1 MCRC-55214-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 5 OF FEBRUARY, 2026

MISC. CRIMINAL CASE No. 55214 of 2024

HARENDRA KUSHWAH

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Sanjay Singh Rajput - Advocate for the petitioner.

Ms Kalpama Parmar - Public Prosecutor for the respondent No.1/State.

Shri Alok Kumar Sharma - Advocate for the respondent [R-2].

ORDER

This petition under Section 482 of Cr.P.C. is filed for quashing of FIR

bearing Crime No. 208/2023 registered at P.S. Daboh, Distt. Bhind for

offence punishable under Section(s) 363 further added 366A, 376(3), 376(2)

(n) of IPC and Section 5/6 of POCSO Act.

2. Learned Counsel for the petitioner submits that petitioner is innocent

and he has not committed any offence. Both the petitioner and the

prosecutrix/complainant have settled the dispute with the intervention of

family members. The prosecutrix does not want to pursue the present

prosecution against petitioner further. Therefore, the FIR be quashed.

3. During pendency of this petition, I.A. Nos.27181/2024 and

27183/2024, applications for compromise have been moved stating therein

that the parties have settled the dispute amicably. Both the parties have no

Signature Not Verified

Signed by: YOGENDRA

OJHA

Signing time: 2/6/2026

11:06:52 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4690

2 MCRC-55214-2024

grievance with each other and prosecutrix/complainant does not want to

pursue the matter against the petitioners.

4. In compliance of the order dated 10.01.2025 passed by this Court,

the factum of compromise has been verified by the Principal Registrar of the

Bench, who has recorded the statements of petitioner and

complainant/respondent No.2 and has submitted a report dated 15.01.2025

that the parties have arrived at compromise voluntarily without any threat,

inducement or coercion.

5. Heard, learned counsel for the parties and perused the record.

6. Recently, the Apex Court in the case of Ramjilal Bairwa Vs. State

of Rajasthan & Ors. [SLP(Cri.) No. 12912/2022(Cr.A. No. 3043 of 2023)]

has held that though the accused and the complainant had settled the matter,

but in cases of such nature, the offence has a serious impact on the society.

The fact, that in view of compromise entered into between the parties, the

chance of a conviction is bleak, cannot be a ground to abruptly terminate the

investigation by quashing FIR and further proceedings by invoking the power

u/S 482 of Cr.P.C. Relevant paragraphs of the judgement are as under:

25. Thus, in unambiguous terms this Court held that before

exercising the power under Section 482, Cr.P.C the High Court

must have due regard to the nature and gravity of the crime

besides observing and holding that heinous and serious offences

could not be quashed even though a victim or victim's family and

the offender had settled the dispute. This Court held that such

offences are not private in nature and have a serious impact on the

society. Having understood the position of law on the second

question that it is the bounden duty of the court concerned to

consider whether the compromise is just and fair besides being

free from undue pressure we will proceed to consider the matter

further. A bare perusal of the impugned order dated 04.02.2022

would reveal that the High Court has erred in not bestowing

proper consideration the law laid down in Gian Singh's case

(supra) while rendering the same. The impugned order would

Signature Not Verified

Signed by: YOGENDRA

OJHA

Signing time: 2/6/2026

11:06:52 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4690

3 MCRC-55214-2024

reveal that the allegations contained in the subject FIR was not at

all even adverted to, before quashing the same. We have referred

to the allegations which are of serious nature revealed from the

FIR. The complaint in this case is annexed to the FIR produced in

this proceeding as Annexure P-1. In the said complaint which led

to the registration of the FIR reads thus:-