Sukhdev Kosre vs State Of Chhattisgarh
2022 Latest Caselaw 4878 Chatt

                                                             NAFR

      HIGH COURT OF CHHATTISGARH, BILASPUR

                Criminal Revision No.411 of 2011

    Sukhdev Kosre, aged about 50 years, s/o Jhangluram
     Kosre, R/o Kodhi Mohalla, Diprapara, Durg, Tahsil & District-
     Durg, C.G.

                                                      ----Applicant
                              Versus
    State of Chhattisgarh, through District Magistrate, District-
     Durg, C.G.

                                                ---- Non-applicant



For Applicant             -    Mr. S.P. Sahu, Advocate.
For State/respondent      -    Mr. Chitendra Singh, Panel Lawyer.

For Complainant/injured - Mr. K. K. Dewangan, Advocate.

S.B.:- Hon'ble Shri Justice N.K. Chandravanshi Order On Board

29/07/2022

1. Learned counsel for all the parties identified their respective

parties.

2. Heard on I.A. No.02/2022, an application for compound the

case under Section 320(2) of Cr.P.C. and I.A. No.03/2022,

application for compromise the case under Section 320(8) of

the Cr.P.C. with each other.

3. Applicant/accused- Sukhdev Kosre and complainant/injured-

Chandulal both have appeared in person before the Court.

4. Learned counsel for the applicant/accused and learned counsel for complainant/injured have filed joint application

for permission to compound the case.

5. The application has been signed by both applicant/accused

and complainant/injured. On being asked, particularly,

complainant/injured- Chandulal submits that he has entered

into compromise with applicant/accused with his free will

without any fear or favour.

6. In view of above, permission to make compromise is granted

to the complainant/injured. Learned counsel for

applicant/accused and learned counsel for

victim/complainant have also filed application under Section

320(8) of Cr.P.C., wherein they have stated that they have

amicably settled their dispute and have compounded the

case, therefore, complainant does not want to further

prosecute this case.

7. On due consideration, I.A. No.02/2022, application for

compounding the case under Section 320(8) Cr.P.C. is also

allowed and this Court accepts compromise between both

the parties.

8. Since the matter has been compounded between both the

parties i.e. applicant/accused and complainant/victim,

hence, in view of the above impugned judgment dated

18.07.2011, passed in Criminal Appeal No.115/2010 by 04th

Additional Sessions Judge, Durg, District- Durg, C.G., which arise from judgment dated 20.10.2010, passed by Judicial

Magistrate First Class, Durg in Criminal Case No.05/2010 is

set aside and applicant/accused is acquitted from the

offence under Section 325 of I.P.C.

9. In view of the above observation(s), this Revision Petition is

disposed off.

10. It is directed that original record of the trial Court be

returned.

Sd/- SD/-

(N.K. Chandravanshi) Judge

Monika