MCRC NO.

: /2024

BEFORE THE HON’BLE HIGH COURT OF MADHYA

PRADESH BENCH AT INDORE (M.P.)

Applicant :-
1. Gudvant Patidar S/o Dhanshyam Patidar,
Age- Adult, Occupation- Service, Address:-
Buda, Narayangargh, Mandsaur, M.P.
2. Prafull Patidar S/o Dhanshyam Patidar,
Age- Adult, Occupation- Service, Address:-
Buda, Narayangargh, Mandsaur, M.P.

-Versus-
Respondent :-
1. State of Madhya Pradesh
Through P.S. Narayangarh,
District – Mandsaur (M.P.)
2. Rahul Rathore S/o Bhagirath
Age:- 31,, Occupation- Service, Address:-
Buda, Malhargarh, Mandsaur, M.P.

INDEX
S No. Particulars Pg No.
Quashing Petition Filed u/s 482 CrPC

Affidavit

Annexure-1
Copy of the FIR dated 11.01.2024
Annexure-2
Settlement Agreement dated 11.01.2023
 BEFORE THE HON’BLE HIGH COURT OF MADHYA
PRADESH BENCH AT INDORE (M.P.)

Applicant :-
1. Gudvant Patidar S/o Dhanshyam Patidar,
Age- Adult, Occupation- Service, Address:-
Buda, Narayangargh, Mandsaur, M.P.
2. Prafull Patidar S/o Dhanshyam Patidar,
Age- Adult, Occupation- Service, Address:-
Buda, Narayangargh, Mandsaur, M.P.

-Versus-
Respondent :-
1. State of Madhya Pradesh
Through P.S. Narayangarh,
District – Mandsaur (M.P.)
2. Rahul Rathore S/o Bhagirath
Age:- 31,, Occupation- Service, Address:-
Buda, Malhargarh, Mandsaur, M.P.

FIRST PETITION IS FILED U/S 482 OF CRIMINAL PROCE-

DURE CODE, 1973 FOR QUASHING OF THE FIR DATED
11/01/2024 REGISTERED AT POLICE STATION NARAYAN -
GARH, MANDSAUR IN F.I.R OF NO. 0008/2024, OFFENCE
UNDER SECTION 294, 506 & 34 of IPC AND ALL OTHER
CRIMINAL PROCEEDING INSTITUTED AT THE CRIME
NUMBER ON THE ACCOUNT OF COMPROMISE BE-
TWEEN THE RIVAL PARTIES. COPY OF THE FIR IS BE-
ING FILED HEREWITH AND MARKED AS ANNEXURE P/1

The petitioners named above respectfully begs to submit as under:-

That this is petitioners first petition except this petition no other petition
neither pending nor decided nor rejected by the Hon’ble Court or by this

Court or any Court of law.

BRIEF FACTS OF THE CASE:-

1. That, on the basis of complaint made by the complainant/Re-

spondent No. 2 the FIR under Section 294, 506 & 34 of IPC at
Crime No. 0008/2024 was registered against the petitioners.

2. That, it was stated by the complainant/Respondent no.2 got the FIR

registered that on 11/01/2024 at 23:57 PM. It was reported that

Bharti w/o Rahul Rathod was abused and hurled by her Brother in

Law.

3. That, the Petitioner along with complainant/respondent No. 2 has

filed this petition in the matter and seeking indulgence of this
Hon’ble Court for quashing of the FIR in the case in hand on the
basis of compromise got done between the rival parties.

4. Hence, present petition is being filed for quashing of the FIR as

well as whole subsequent proceeding in the light of the compro-

mise got done between the rival parties.

GROUNDS:-

A. That, the present petition under section 482 of Cr.P.C. has been
filed for quashing FIR registered at crime no. 0008/2024
under section 294, 506 and 34 of IPC in police station
 Naryangarh, Mandsaur and ‘investigation has been com-
pleted so in the interest of justice it is ought to be
quashed on the basis. of making compromise between Pe-
titioners and Respondent no.2.
B. That, in such type of cases in hand The Hon’ble Supreme Court
had laid down the verdict that it is the judicial obligation
of the Hon’ble High Court to undo a wrong in course of
administration of justice or to prevent continuation of
unesseary judicial process hence, on the light of the com-
promise arrived between the parties it is fit case for using
inherent powers enshrined under Section 482 Cr.PC to
quash the FIR.
C. It is submitted before this Hon’ble Court that petitioners are also

pending reliance upon the judgment of the Hon’ble

Supreme Court rendered in the case of Gian Singh Vs.
State of Punjab and Ors. reported in (2012) 10 SCC
303 wherein the Hon’ble Supreme Court held that if the
offence not being a heinousoffence, the same ought to

have been quashed.

D. In the case of Mukesh Narwariya & Ors. Vs. Bansilal Jatav

passed in M.Cr.C. No. 8955/2012 vide order dated
03.12.2012 quashed the entire criminal proceedings in
compromise which registered under Section 294, 323 of
IPC and under Section 3 (1) (x) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
and further in another case Balveer Singh & Ors. Vs.
State of M.P. & other passed in M.Cr.C. No.
4862/2015 vide order dated 01.06.2015 quashed the en-
 tire criminal proceedings in compromise | which regis-
tered under Section 147, 148, 149, 294, 452, 336, 323,

506 (B) of IPC and further in another case Ramnaresh

Katare and Ors. v. State of M.P. & Ors. in M.Cr.C.

No. 7937/2012vide order dated 01.06.2015 quashed the
entire criminal proceedings in compromise which regis-

tered under Section 307/34 of IPC. Hence, in the light of

the law laid down by this Hon’ble Court present FIR in
question as well in consequential subsequent criminal
proceedings in same crime no. 05/20 ought to have been
quashed.

PRAYER:-
It is, therefore, most humbly and respectfully prayed that this Hon'ble

Court may kindly be pleased to allow this petition and the FIR im-

pugned dated 11.01.2024 registered at Crime No 0008/2024 at Police

Station Narayangarh, Mandsaur under Sections 294, 506 & 34 of IPC

as well as all subsequent criminal proceedings instituted at aforesaid

crime number may kindly be quashed in the interest of justice.

Place : Indore Submitted By:-

Date :- 18/01/2024
Council For applicant
(Prafull Sharma)
 MCRC NO. : /2023

BEFORE THE HON’BLE HIGH COURT OF MADHYA

PRADESH BENCH AT INDORE (M.P.)

Applicant :- Manohar S/o Baburao Doke

V/s
NON- Applicant :- State of Madhya Pradesh & others

INDEX

S.No. Description of Documents Annexure Page No.

1. Petition U/s 482 of CRPC

2. Interim application
3. Affidavits
4. Copy of privet compliant Annexure A/1
5. Copy of Manasputri lekh Annexure A/2
6. Copy of Registered will Annexure A/3
7. Copy of shelved report dated 09/11/2017 Annexure A/4
8. Copy of shelved report dated 22/03/2020 Annexure A/5
9. Copy of Status report 26/08/2022 Annexure A/6
10. Copy of Order dated 07/11/2022 Annexure A/7
11. Copy Of FIR Annexure A/8
12. Vakalatnama

Place : Indore Submitted By:-

Date :- 04/02/2023
Council For applicant
(Prafull Sharma)
 IN THE COURT OF HON’BLE HIGH COURT OF M. P.
BENCH AT INDORE
MCRC No. OF 2023
Manohar Doke ……….. Petitioner/Applicant
Versus
State of M. P. and Others ………….. Respondent(S)
I/WE, the PETITIONER Named below do hereby appoint, engage and authorized advo-
cate (s) named below to appear, act and plead in aforesaid case/proceedings, which shall
include applications for restoration, setting aside of ex-parte orders, corrections, modifi-
cations, review and recall of orders passed in these proceedings, in this court or in any
other court in which the same may be tried/heard/ proceeded with and also in the appel -
late, revisional or executing court in respect of the proceedings arising from this case/pro-
ceedings as per agreed terms and conditions and authorize him/them to sign and file
pleadings, appeals, cross objections, petitions, applications, affidavits, or other documents
as may be deemed necessary or proper for the prosecution/defense of the said case in all
its stage and also agree to ratify and confirm acts done by him/them as if done be my/us :
In witness whereof I/We do hereunto set my/our hand to these present, the contents of
which have been duly understood by me/us, this …………….. day of……………. 2023.
Particulars (in block letter of each party executing Vakalatnama
Name and Husband’s Registered Ad- E-mail Ad- Telephone Status in Full signature
Name dress dress No. the case
Manohar S/o Baburao
Doke
R/o:- 52- A Anna-
purna Nagar Indore
(M.P.)

Accepted :-
Particulars (in block letter of each advocate accepting Vakalatnama
Full Name and Enrol. N Address E-mail Address (if any) Telephone No. Full signature
Adv. Prafull Sharma Sharmaprafull4@gmail.c 8602388117
(MP/1942/2020) om
Adv Palash Choudhary
(MP/2226/2013)
Adv. Manohar Sharma
(MP/ 649 /1999)
Adv. Ayush Agrawal
(MP/1376/2019)

The thumb impression shall be attested by a literate person giving above particulars.
 BEFORE HON’BLE THE HIGH COURT OF
M.P.
BENCH AT INDORE
MCRC No. /2023
Petitioner-- Manohar Doke
V/s
Respondents— State Of M.P. others
AFFIDAVIT
1. I take oath and state as under:
My Name : Manohar Doke
S/o, W/o : Shri Baburao Doke
Aged : 70 Years
Occupation : Retired
Address : 52- A Annapurna Nagar, Dist. Indore
(M.P.)
2. That, I am the petitioner in the present case and am well conver-
sant with the facts of the case and competent to swear this affi-
davit. I am filing a 482 petition of CRPC for the queshment of FIR.

3. That, the contents set out in various paragraphs of the petition

are explained to me in simple Hindi and the same is true to the
best of my personal knowledge. Nothing stated therein is false
and no material facts have been concealed. I do hereby verify the
said contents on oath.

PLACE: Indore
DATED: DEPONENT

I, the deponent named above, do hereby solemnly affirm and ver-

ify on oath that the contents set out in various paragraphs of this affi-
davit are true to the best of my personal knowledge. Nothing stated
therein is false nor any material fact has been concealed.
PLACE: Indore
DATED:
I know the deponent, DEPONENT
Advocate