Mo Mustaka Alias Mustafa vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:27897
1 MCRC-39453-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
th
ON THE 15 OF SEPTEMBER, 2026
MISC. CRIMINAL CASE No. 39453 of 2026
MO MUSTAKA ALIAS MUSTAFA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ravi Dwivedi - Advocate for the petitioner.
Shri Dinesh Savita - PP for respondent No.1/State.
Shri Jitendra Tripathi - Advocate for respondent No.2.
ORDER
The present petition has been preferred by the petitioners under
Section 528 of the BNSS seeking quashment of FIR bearing Crime
No.98/2021 registered at Police Station - Cyber Cell and High-tech Crime,
District Gwalior for the offence under Section 420 of IPC and Section 66(C),
66(D) of I.T. Act and consequential proceedings arising (S.S.T.No.31/2022)
thereto, on the basis of compromise.
2 . It appears that parties agreed to settle the matter and therefore,
applications vide I.A. Nos.16030/2026 and 16032/2026 have been preferred
at the instance of parties and they want to settle the matter. The applications
are duly signed by respective parties and same is supported by their
affidavits.
3. The Principal Registrar of this Court has duly verified the parties,
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/16/2026
10:55:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27897
2 MCRC-39453-2026
contents of applications, intent and signatures of parties. Report is attached,

same is perused and it appears that compromise has been reached between
the parties voluntarily without any threat, inducement and coercion.
4. Learned counsel for petitioner submitted that compromise has been
arrived at petitioner and respondent No.2/complainant and they want to settle
their dispute between them. Therefore, petitioner prayed for quashing of the
F.I.R. registered against him.
5. Counsel for the respondent/State opposed the prayer and prayed for
its rejection.
6. Counsel for the complainant argued in support of petitioner's prayer
for compromise. He referred the affidavit filed by the respondent
No.2/complainant and they are ready to settle the matter.
7 . Heard learned counsel for the parties at length and perused the
documents appended thereto.
8. A Lean Compromise is better than a Fat Law Suit , instant efforts of
the parties indicate the same. It is expected that their bonafide gestures would
continue.
9. The Hon'ble Supreme Court in catena of judgments Jagdish Channa
& others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan
Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika &
Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab
(2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another
(2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and
Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/16/2026
10:55:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27897
3 MCRC-39453-2026
of Gujarat and another, (2017) 9 SCC 641, laid down that even in non-

compoundable cases on the basis of compromise, criminal proceedings can
be quashed so that valuable time of the court can be saved and utilized in
other material cases.
10. After hearing learned counsel for the parties and taking into
account the law laid down by the Apex Court, in the opinion of this Court,
continuance of trial in such matter will be a futile exercise which will serve
no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably
invoked to prevent abuse of the process of law and wasteful exercise by the
courts below.
11. To preserve the resources and bonhomie created between the
parties arises out of settlement, in the interest of justice, applications for
compounding the offence vide I.A. Nos.16030/2026 and 16032/2026 are
allowed because no fruitful purpose would be served in continuation of trial.
Thus, parties are permitted to compound the offence.
1 2 . Resultantly, the petition is allowed and FIR bearing Crime
No.98/2021 registered at Police Station - Cyber Cell and High-tech Crime,
District Gwalior for the offence under Section 420 of IPC and Section 66(C),
66(D) of I.T. Act and consequential proceedings arising (S.S.T.No.31/2022)
thereto, if any, are hereby quashed in respect of petitioner Mohd. Mustafa @
Mustafa only, on the basis of compromise.
13. Accordingly, this petition stands allowed and disposed of in above
terms.
14. It is clarified that the Trial Court shall not be influenced by this
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/16/2026
10:55:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:27897
4 MCRC-39453-2026
order; the trial shall proceed against the remaining co-accused persons, if

any, in accordance with the law.
(RAJESH KUMAR GUPTA )
JUDGE
(alok)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/16/2026
10:55:53 AM