Swam Prakash Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 8915 MP

                                  1                               CRA-2134-2007
        The High Court Of Madhya Pradesh
                 CRA No. 2134 of 2007
         (SWAM PRAKASH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 16-12-2021
      Shri Arun Nema, Advocate for the appellants.

      Shri Rajiv Kumar Pandey, Panel lawyer for the State.
      Shri Y.M. Tiwari, Advocate for the complainant.
      With the consent of both the parties, the matter is finally heard at
motion hearing stage.

      Heard on IA No.15961/2021 under Section 320 (5) of Cr.P.C. for
permission to compound the alleged offenses.
      Learned counsel for both the rival parties have jointly filed an
application being IA No.15961/2021 for permission to compound the
offences under Sections 325, 323/34, 427, 506-B relating to appellant No.1
and Sections 325/34 and 323 of the IPC relating to appellant No.2 on the
ground that both the rival parties have entered into a compromise amicably
without fear and favour.
      Further submitted that on the direction of this Court dated 15.09.2021,

both rival parties appeared before the Registrar (J-II) of this Court on
04.10.2021

where the factum of compromise has been verified and as per the report dated 21.10.2021 compromise has been found to be voluntarily and they are ready and willing to resolve their disputes voluntarily and without any undue influence, threat, coercion or pressure.

Under these circumstances, the application is allowed and both the parties are permitted to compound the alleged offenses.

This appeal has been filed by the appellants under Section 374 (2) of Cr.P.C being aggrieved by impugned judgment of conviction and order of sentence dated 04.10.2007 passed by the Second Additional Sessions Judge (Fast Track), Gadarwara District Narsinghpur in S.T. No.33/2007 whereby the appellants have been convicted for the offences under Sections 325, 323/34, 427, 506-B relating to appellant No.1 and sentenced to undergo RI 2 CRA-2134-2007 for 3 years, 1 month RI, 6 months RI and 1 year RI with total fine of Rs.300/- respectively and sections 325/34 and 323 of the IPC relating to appellant No.2 and sentenced to undergo three years RI, one month RI with total fine of Rs.100/- with default stipulations.

During pendency of the appeal, appellant No.1 died and wife of

appellant No.1 filed an application i.e. I.A. No.15330/2021 for leave to continue the appeal pointing out the fact that appellant no. 1 was in government job and if he is acquitted, all the benefits as per service rules may be extended to the wife of the deceased appellant, which was allowed vide order dated 15.09.2021 and wife of the appellant No.1 was permitted to prosecute the present appeal.

Learned counsel for the appellants submits that since both the rival parties have compromise the matter and settled the disputes and now, no dispute survives between them, the appellants may kindly be acquitted of the alleged offences. In support of his contention, reliance is placed on a recent decision of Hon'™ble the Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh, 2021 SCC Online SC 834, wherein on the ground of compromise, Hon'ble the Apex Court has acquitted the appellants of the offences under Sections 294, 323 & 326/34 of IPC and prayed that the case of the present appellants is squarely covered with the aforesaid case law and therefore, the appellants be acquitted of the alleged offence.

However, learned counsel appearing for the complainant has fairly submitted that the complainant has settled their dispute with the appellants and has entered into compromise voluntarily. Therefore, a lenient view should be taken in view of the compromise arrived at between the parties.

I have heard the learned counsel for the parties at length and gone through the judgment and order passed by the trial Court. Since the compromise between the parties is on record and now, there is no pique between the rival parties and also taking into consideration the aforesaid case 3 CRA-2134-2007 law, it would be appropriate to discharge the appellants from the alleged offenses.

Consequently, the criminal appeal is allowed. The appellants are acquitted of the offenses under Sections 325, 323/34, 427 & 506-B of IPC. Appellant no. 2 is on bail, his bail bond as well as surety bonds stand discharged.

Since, appellant no.1 (now dead) has been acquitted of the alleged offenses, Smt. Jyoti Tiwari who is wife of the deceased appellant no. 1 Swam Prakash Tiwari, is entitled to get all benefits as per the service rules.

Record of the trial Court be sent back immediately along with the copy of this order for compliance and necessary action.

CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.12.17 11:26:51 IST