IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 865 OF 2010 ARISING OUT OF

SPECIAL LEAVE PETITION (CRIMINAL)  NO. 6360 OF 2009

RAMA RANI & ORS. ..... APPELLANTS

VERSUS

STATE OF M.P. & ANR. .... RESPONDENTS

O R D E R

1. Leave granted.

2. This appeal arises out of the order dated 24th  

April, 2009 passed by the learned Single Judge of the  

High Court of Madhya Pradesh whereby an application  

under Section 482 of the Code of Criminal Procedure  

filed by the appellants herein had been rejected solely  

on the ground that the evidence before the trial court  

had already been completed with the result that the

quashing at this late stage was not called for.   

3. Mr. Shakeel Ahmed Syed, the learned counsel for  

the appellants herein has also filed some additional  

documents  including  the  order  sheet  up  to  12th May,  

2009 which reveals that in fact no statements have so  

far  been  recorded.  He  further  states  that  even  

thereafter no statements had been recorded because the  

respondents have been getting the case adjourned on the

plea that some matters were pending either in the High  

Court or in the Supreme Court.

4. In this view of the matter and in the light of  

the fact that an error has apparently been committed by  

the learned Single Judge in the impugned order, we set  

aside the order aforesaid and remit the case to the  

High Court for decision afresh.

5.  We must also observe that this matter had been  

referred to the Mediation Cell of this Court to see if  

any settlement could be arrived at. A report from the  

Cell dated 25th March, 2010 has been received which is  

in the negative.

6. We further make it clear that any observation  

hereinabove would not affect the decision of the High  

Court either ways.

7. The appeal stands disposed of in the aforesaid  

terms. Parties shall appear before the High Court on  

17th August, 2010.  

......................J  [HARJIT SINGH BEDI]

......................J  [J.M. PANCHAL]

  NEW DELHI     APRIL 22, 2010.