Golu @ Suraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 2713 MP

                                   1                               CRA-5943-2019
        The High Court Of Madhya Pradesh
                   CRA-5943-2019
                   (GOLU @ SURAJ Vs THE STATE OF MADHYA PRADESH)


Indore, Dated : 25-06-2021
      Heard through Video Conferencing.

      Shri Jagdish Baheti, learned counsel for the appellant.
      Shri Palash Choudhary, learned Panel Advocate for respondent/State.

Shri Rupesh Jonwal, learned counsel for the complainant along with the complainant - Daddu Vasuniya.

Heard on I.A. No.1904/2021 and I.A. No.1906/2021, applications u/s. 320 of the Cr.P.C. for compromise.

The appellant has filed the present appeal u/s. 374 of Cr.P.C. against the judgment dated 31.10.2017 whereby he has been convicted u/s. 323 of the IPC and imposed the fine of Rs.500/- and in default of payment of fine, to undergo one month SI.

Learned counsel for the appellant submits that the sole appellant has entered into a compromise with the complainant and to that effect aforesaid applications have been filed, therefore, the conviction be set aside.

The complainant - Daddu Vasuniya who is present along with his counsel through video conferencing has also filed the application supported by an affidavit.

Since the offence u/s. 323 of the IPC is a compoundable offence, therefore, the judgment of conviction of the appellant u/s. 323 of IPC is set aside and the appellant from the charge u/s. 323 of the IPC.

Learned counsel for the appellant submits that the appellant is not interested in taking the fine amount back and prays for remitting the same to the Legal Services Authority.

In view of the above, learned trial Court is directed to remit the amount of fine deposited by the appellant to the State Legal Services Authority.

With the aforesaid, this appeal stands disposed of.

                                2         CRA-5943-2019
                                    (VIVEK RUSIA)
                                        JUDGE
Alok

Digitally signed by ALOK GARGAV
Date: 2021.06.26 12:24:30 +05'30'