Madhya Pradesh High Court
Shivraj Lodhi vs The State Of Madhya Pradesh on 22 September, 2021
Author: Rajendra Kumar (Verma)
1 CRR-393-2020
The High Court Of Madhya Pradesh
CRR-393-2020
(SHIVRAJ LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 22-09-2021
Shri Priyank Chansoria, learned counsel for the applicant.
Shri Pramod Chourasia, learned Panel Lawyer for the
respondent/State.
Shri R.B. Tiwari, learned counsel for complainant.
This criminal revision has been preferred by the applicant being
aggrieved by the judgment dated 30.12.2019 passed in criminal appeal
No.06/2019 by the First Additional Session Judge, Bijawar, District
Chhatarpur, affirming the judgment of conviction and order of sentence
dated 09.01.2019 passed by Judicial Magistrate First Class,
Badamalhara in R.T.C.No.100259/2017 convicting the applicant for the
offence punishable under Section 325/34 of IPC and sentencing him to
suffer rigorous imprisonment for one year with fine of Rs.1000/-, with
default stipulation.
Heard on IA.No.14909/2020 an application for permission to
compound the offence.
Learned counsel for the parties submit that the parties are entered
into in compromise and they have settled their dispute amicably and they
wants to close the proceedings by way of compromise.
I n compliance of Court order dated 20.09.2021, the verification
report has been received from Registrar (J-I) with report that the parties
has voluntarily entered into a compromise and now their relations have
become very cordial and they intends to maintain such relation in future
also. They have no grudge or complaint to each other and they wants to
end all the disputes and animosity whatever between them. The
verification report is annexed with the statements of the applicant and the
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2021.09.24 10:10:05 IST
2 CRR-393-2020
complainants duly signed by them.
From perusal of judgment dated 09.01.2019, the learned trial Court
has convicted the applicant for the offence under Section 325/34 of IPC,
which is compoundable with the leave of the Court. It is found that in the
present case the parties have filed an application under Section 320(2) of
Cr.P.C. for seeking leave to compound the said offence. Since the parties
had buried the hatchet by amicably settling their disputes, this Court
could allow the matter to be compounded. In the totality of the
circumstances, I am of the view that the settlement arrived at between the
parties in form of compromise is a sensible step that will benefit the
parties, give quietus to the controversy and rehabilitate and normalize the
relationship between them. Therefore, the application filed by the parties
for compounding the offence is hereby allowed. Judgment dated
30.12.2019 passed in Criminal Appeal No.06/2019 by the First
Additional Session Judge, Bijawar, District Chhatarpur as well as the
judgment of conviction and order of sentence dt. 09.01.2019 passed by
Judicial Magistrate First Class, Badamalhara in R.T.C.No.100259/2017
convicting the applicant for the offence punishable under Section 325/34
of IPC and sentencing him to suffer rigorous imprisonment for one year
with fine of Rs.1000/- with default stipulation, are hereby set aside.
Consequent thereto the applicant is hereby acquitted from the aforesaid
offences. The applicant is on bail, his bail bonds stand discharged. In
consequence of acquittal, fine amount shall be refundable to the applicant
which was deposited by him.
Accordingly, this Criminal Revision stands disposed of.
C.C. as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
Signature Not Verified
SAN
sj
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2021.09.24 10:10:05 IST
3 CRR-393-2020
Signature Not Verified
SAN
Digitally signed by SUSHEEL KUMAR
JHARIYA
Date: 2021.09.24 10:10:05 IST
