STATE OF MADHYA PRADESH Vs. KALYAN SINGH

JUDGEMENT

(1.) Leave granted. Being aggrieved and dissatisfied with the impugned judgment and order dated 29.7.2018 passed by the High Court of Madhya Pradesh in Miscellaneous Criminal Case No. 6075 of 2013, by which the High Court has quashed the criminal proceedings pending against the present Respondent herein by Crime No. 23 of 2013 for the offences under Sections 307, 294 read Section 34 of the IPC registered at the Police Station Maharajpur, District Gwalior, the State of Madhya Pradesh has preferred the present appeal.

(2.) That the Respondent No. 5 hereinthe original Complainant one Birbal Sharma filed a complaint against Respondent Nos. 1 to 4 hereinthe original Accused for the offences under Sections 307, 294 read with Section 34 of the IPC. That the said complaint was registered as Crime No. 23 of 2013 at the Police Station Maharajpur, District Gwalior. It appears that the original Accused filed an application for bail which came to rejected by the learned Sessions Court and, thereafter, the original Accused approached the High Court by filing the Miscellaneous Criminal Case No. 6075 of 2013 under Section 482 of the Cr.PC and requested to quash the criminal proceedings on the ground that the accused and the original Complainant have settled the dispute amicably. That the original Complainant submitted his affidavit stating that he has amicably settled the subjectmatter of the crime with the original Accused and that he has no objection for dropping the criminal proceedings. That, by the impugned judgment and order, the High Court in exercise of power under Section 482 of the Cr.PC has quashed the criminal proceedings against the original Accused which were for the offences under Sections 307, 294 read with Section 34 of the IPC, solely on the ground that the original Complainant and Accused have settled the dispute and the original Complainant does not want to prosecute the accused and, therefore, there is no change of recording conviction against the accused persons. At this stage, it is required to be noted that the said application was opposed by the State observing that the offences alleged against the accused are noncompoundable offences and, therefore, even if there is any settlement between the Complainant and the Accused, the complaint cannot be quashed. However, despite the above, the High Court quashed the criminal proceedings against the original Accused on the ground that there is a settlement between the Complainant and the original Accused and the original Complainant does not want to prosecute the accused further. 2.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court quashing the criminal proceedings against the accused for the offences under Sections 307, 294 read with Section 34 of the IPC, the State of Madhya Pradesh has preferred the present appeal.

(3.) We have heard Shri Ms. Swarupama Chaturvedi, learned Advocate appearing on behalf of the State of Madhya Pradesh, Ms. Malini Poduval, learned Advocate appearing on behalf of the original Accused and perused the impugned judgment and order passed by the High Court.