Arjun vs The State Of Madhya Pradesh
2021 Latest Caselaw 8787 MP

                                - : 1 :-
                                                         CRA No. 9931/2019



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
    (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                        CRA No. 9931 of 2019
        (Arjun S/o. Parwatsingh & 4 others V/s. State of M.P.)

Date: 14.12.2021 :
      Shri Vivek Singh, learned counsel for the appellants.
      Smt.    Mamta     Shandilya,    learned   Govt.    Advocate      for
respondent/State.

Shri Mohd. Imran Khan, learned counsel for Rajesh Chouhan/complainant.

Heard on I.A. No.27092/2021, a repeat (sixth) application filed u/s. 389(1) of the Cr.P.C. by appellant No.1 - Arjun.

The first application was allowed in respect of appellants No.2, 3, 4 and 5. Vide order dated 6.5.2021, the third repeat application of appellant No.1 was dismissed as withdrawn with liberty to renew the prayer after completion of 50% jail sentence. Thereafter, 5th application was filed which was dismissed on merit vide order dated 27.9.2021. Now the present repeat (6th) application has been filed on the basis of compromise with the complainant and injured.

Today, the complainant and injured both are present before this Court along with counsel Shri Mohd. Imran Khan, who has filed his Vakalatnama today. Upon asking, they are confirming that the compromise has been arrived at with appellant No.1 - Arjun. The appellant No.1 - Arjun and complainant are closed relatives. The dispute arose all of a sudden. The injured Sanjay has shown his hand and submits that the wounds have been fully healed and he is doing the work of labour.

Shri Vivek Singh, learned counsel for the appellant No.1 - Arjun has placed reliance over the recent judgment of apex Court in the case of Ramgopal & another V/s. State of M.P. (Cr. Appeal No.1489/2012 decided on 29.9.2021 in which the apex Court has held that even in a non-compoundable offence, the High Court can consider the factum of

- : 2 :-

CRA No. 9931/2019

compromise in exercise of extraordinary powers conferred u/s. 482 of the Cr.P.C. for quashing the proceedings.

In view of the above, I.A. No.27092/2021 is allowed and it is directed that subject to deposit of the fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant No.1 - Arjun in the sum of Rs.20,000/- (Twenty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20.09.2022 and on all such subsequent dates, which are fixed in this behalf.

List for final hearing in due course.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2021.12.15 16:50:02 +05'30'