Dilip vs Nitish
- Neutral2025:MPHC-IND:4943
Ratio decidendi
The rule this decision rests on
A writ petition under Article 227 of the Constitution of India is maintainable before the High Court to challenge an order of execution of an arrest warrant passed in proceedings arising from a judgment delivered under Section 265-G of the Code of Criminal Procedure, notwithstanding that Section 265-G(1) declares such judgments to be final, because Article 227 expressly preserves the right to petition for writs under Articles 226 and 227. Where a judgment under Section 265-G directing payment of a sum as settlement has been substantially complied with by payment made by the petitioner's spouse, and the respondent/complainant concedes that no dues remain outstanding, the High Court exercising jurisdiction under Article 227 may set aside an order sending the petitioner to jail for non-compliance and direct his release on bail pending further proceedings before the trial court to record the statements of the parties.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1 MP-820-2025 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA ON THE 24th OF FEBRUARY, 2025 MISC. PETITION No. 820 of 2025 DILIP Versus NITISH Appearance: Mr. Mradul Bhatnagar, counsel for the petitioner. Mr. Shubham Vyas, counsel for the respondent.
ORDER
With the consent of parties, the matter is heard finally. This petition has been filed by the petitioner under Article 227 of the Constitution of India seeking the following reliefs:-
(7.1) To issue an appropriate writ, order or direction to set-aside the impugned order dated 05.02.2023 passed by the JMFC, Indore in MJCR/4513/2023.
(7.2) To issue an appropriate writ, order or direction to set-aside the judgment against the petitioner as there is no amount outstanding to be paid as on date in accordance with the judgment passed in SC/NIA/33088/2015 on 06.12.2022.
(7.3) Issue any other writ, order or direction as may be deemed fit in the circumstances of the case.
Signature Not Verified Signed by: ARUN NAIR Signing time: 25-02- 2025 16:32:34 NEUTRAL CITATION NO. 2025:MPHC-IND:4943
2 MP-820-2025 By impugned order dated 05.02.2025, sent the petitioner to the jail on execution of arrest warrant.
The grievance of the petitioner is that as per final order dated 06.12.2022, a settlement was arrived at between the parties after plea bargaining under Section 265A of Code of Criminal Procedure and the petitioner was directed to pay a sum of Rs.2,50,000/- in lump-sum to the respondent/complainant or in installments on the date of payment and obtain acknowledgment and the judgment of the trial court has attained finality.
Counsel for the petitioner has argued that the petitioner was not able to pay the amount to the respondent as per the judgment dated
06.12.2022 and therefore the petitioner was arrested has been sent to jail. Further the counsel for the petitioner has submitted that there is no remedy available to the petitioner except to prefer a petition under Article 226 of the Constitution of India in light of Section 265 (G) of Code of Criminal Procedure, 1973. Further stated that the petitioner's wife paid the entire amount to the respondent.
Counsel for the respondent has stated that the petitioner has paid the entire amount to the respondent and he has no objection to set-aside the order and to release the petitioner from the jail and there are no dues.
On due consideration of submissions and on perusal of the documents filed on record and also the provisions of Section 265 (G) of Criminal Procedure Code which reads as under:-
Signature Not Verified Signed by: ARUN NAIR Signing time: 25-02- 2025 16:32:34 NEUTRAL CITATION NO. 2025:MPHC-IND:4943
3 MP-820-2025 "265(G). Finality of the judgment.- The judgment delivered by the court under Section 265G shall be final and no appeal (except) the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the constitution shall lie in any Court against such judgment."
It clearly reveals that although the order passed under Section 265G of Cr.PC would be final, however, the petition under Article 227 of the Constitution of India can certainly be maintained before this court since the petitioner herein has not complied the order of trial court sent him to jail and subsequently the wife of the petitioner has paid the entire amount which is conceded by the counsel for respondent. This court finds it expedient to allow the petition.
After hearing counsel for the parties, this Court is of the considered opinion that petitioner is entitled to release from the jail.
In view of the peculiar facts and circumstances of the case, the impugned order dated 05.02.2025 passed by JMFC, Indore in MJCR No.4513/2023 is set-aside, it is directed that the petitioner/accused shall be released on bail subject to furnishing a bail bond to the tune of Rs.10,000/-(Rupees Ten Thousand Only) with one surety to the satisfaction of JMFC/Trial Court, Indore.
After the release of the petitioner/accused, the learned JMFC/Trial Court, Indore to fix a date to record the statements of respective parties and pass appropriate orders, in accordance with law.
Accordingly, the miscellaneous petition stands allowed and is
disposed of.
Signature Not Verified Signed by: ARUN NAIR Signing time: 25-02- 2025 16:32:34 NEUTRAL CITATION NO. 2025:MPHC-IND:4943
4 MP-820-2025 It is made clear that any default made by the petitioner/accused shall entail the liability as provided under the law.
(DUPPALA VENKATA RAMANA) JUDGE
Arun/-
Signature Not Verified Signed by: ARUN NAIR Signing time: 25-02- 2025 16:32:34
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