Citation : 2021 Latest Caselaw 6089 MP
Judgement Date : 27 September, 2021
1 CRR-2204-2016
The High Court Of Madhya Pradesh
CRR-2204-2016
(RAGGHU @ RAGHUNADAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-09-2021 Heard through Video Conferencing.
Mr. Naresh Kumar Sharma, learned counsel for the applicants. Mr. Yogesh Mishra, learned Panel Lawyer for the State. Mr. Neelesh Jain, learned counsel for the objector. This revision petition has been filed by the applicants / accused under
Section 397/401 of the Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 27/08/2016 passed by learned Additional Sessions Judge, Amarwada, District Chhindwara (M.P.) in Criminal Appeal No. 229/2015 affirming the judgment and order recorded by learned Additional Chief Judicial Magistrate, Chourai, District - Chhindwara vide order dated 09/10/2015 in criminal case no. 669/2010, each of the applicants has been convicted under Section 452 of the IPC and sentenced to undergo RI for 6 months each with fine of Rs.2000/- each and further convicted applicant No.2/Rakesh under Section 323 read with 34 of the Indian Penal
Code and sentenced to pay fine of Rs.1,000/- with default stipulations.
Heard on IA No.14800/2021 filed by the applicants and the complainant jointly under Section 320 (5) of Cr.P.C. for grant of permission to compound the offence.
Compromise proceedings have been recorded between the petitioners and complainant before the Registrar (J-II) of this Court, in which, it is stated by the complainant that now they bear cordial relations and are ready and willing to resolve their disputes voluntarily and amicably without any influence or pressure. Parties are identified by their counsel and their signatures are also there. Original compromise and affidavit are placed on record. Since the parties have buried the hatchet by amicably settling their disputes, this Court may allow the matter to be compounded. In the totality of the 2 CRR-2204-2016 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.
In view of the aforesaid, the application (IA No.14800/2021) is allowed. The conviction and sentenced awarded by both the courts below are hereby
set-aside. The petitioners are acquitted of the offences punishable under Sections 452 and 323/34 of the IPC. The petitioners are on bail. Their bail bonds are discharged.
Compromise entered into between the petitioners and complainant before the Registrar (J-II) shall be a part of this order.
Record of the trial Court be sent back immediately along with the copy of this order for compliance and necessary action.
Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
jp/-
Signature Not Verified SAN
Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.09.28 17:39:24 IST
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