Munna vs The State Of Madhya Pradesh
2021 Latest Caselaw 4179 MP

           HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR
                    Cr.A. No. 3035/2018
           ( Munna & another Vs The State of M.P. )
                                   (1)

Gwalior, dated : 11/08/2021
      Shri B.S. Dhakad, learned counsel for the appellants.

         Shri Rohit Mishra, learned Additional Advocate General for

the respondent -State.

Shri S.S. Dhakad, learned counsel for the complainant.

Learned counsel for the rival parties are heard.

This appeal under Section 374 of the Cr.P.C has been

preferred against the judgment dated 28/03/2018 passed by Special

Judge (under the MPDVPK Act), Shivpuri (M.P.) in Special Sessions

Case No. 400026/2013 whereby each one of the appellants has been

convicted under Section 341 of the IPC and sentenced to pay a fine

of Rs. 500/- in default to suffer S.I. For 7 days and also under

Section 325 of the IPC and sentenced to undergo RI for 2 years with

fine of Rs. 1000/- in default to suffer additional imprisonment for six

months.

During pendency of this appeal, the appellants and the

complainant have jointly filed application under section 320(2) (5)

read with Section 482 of the Cr.P.C which was registered as IA No.

1883/2020 and 1885/2020 stating that the dispute between the parties

has been resolved and they are not inclined to pursue the matter any

more.

This Court, vide order dated 02/03/2020, had directed the

parties to appear before the Principal Registrar of this Court for

recording their statements and for verification of factum of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 3035/2018 ( Munna & another Vs The State of M.P. )

compromise. The Principal Registrar has submitted his report itself

and verified the compromise.

The Supreme Court in the series of decisions i.e. Bharat

Singh vs. State of M.P. and Ors., 1990 (Supp.) SCC 62, Ramlal

vs. State of Jammu and Kashmir., (1999) 2 SCC 213; AIR 1999

SC 895; Puttaswamy vs. State of Karnataka & Anr., (2009) 1

SCC 711; 2009 AIR SCW 1744 has allowed the parties to

compound the offence even though the offence is non-compoundable

depending on the facts and circumstances of each case.

Since the parties have settled their dispute amicably without

any fear or favour and their relations have become cordial, in the

opinion of this court, no useful purpose would be served in

continuing with the present criminal proceedings and it is a fit case

to permit the appellants to compound the offence committed by

them under Sections 341 and 325 of the IPC.

Hence, the present appeal stands allowed. The impugned

order of conviction and sentence dated 28/03/2018 passed by

Special Judge (under the MPDVPK Act), Shivpuri (M.P.) in Special

Sessions Case No. 400026/2013 convicting the appellants under

Section 341 of the IPC and sentenced to pay a fine of Rs. 500/- in

default to suffer S.I. For 7 days and also under Section 325 of the

IPC and sentenced to undergo RI for 2 years with fine of Rs. 1000/-

in default to suffer additional imprisonment for six months is hereby

set aside.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 3035/2018 ( Munna & another Vs The State of M.P. )

Consequently, the appellants -accused persons are acquitted

of the charges framed against them, in view of compounding of

offence as contemplated under Sections 341 and 325 of the IPC and

Section 320 Cr.PC in the obtaining circumstances of the case.

Appellants are on bail and their bail bonds stand discharged.

The record of the case be sent back to the trial court alongwith

copy of this order for information.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.08.13 17:58:09 +05'30'