Lakhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6113 MP

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               HIGH COURT OF MADHYA PRADESH

                        CRR No. 956 of 2022
               (LAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated: 25.04.2022

      Shri Amit Kumar Goswami, learned counsel for the petitioner.

      Shri     K.S.Tomar,    learned    Public    Prosecutor   for   the

respondent/State.

Shri Manish Kumar Nayak, learned counsel for the

complainant.

The present Criminal Revision under Section 397/401 of

Cr.P.C. has been filed against the judgment of conviction and order of

sentence dated 08.03.2022 passed by Additional Sessions Judge,

Pichhore, District Shivpuri in Criminal Appeal No. 39/2017,

confirming the judgment of conviction and order of sentence dated

08.11.2016 passed by Judicial Magistrate First Class, Khaniyandhana,

District Shivpuri in Criminal Case No.64/2013, convicting the

petitioner under Section 354 and 456 of IPC and sentenced to

undergo rigorous imprisonment of one year and fine of Rs. 1000/-

During pendency of this Criminal Revision, I.A. No. 6206/2022

and 6207/2022 have been filed by the complainant seeking

permission of this Court to dispose of the matter on the basis of

compromise. In support of aforesaid application, an affidavit has also

been filed by the complainant Smt. Neetu Rajak.

In compliance of the order dated 19.04.2022 passed by this

Court, the factum of compromise has been verified by the Principal

Registrar of this Court, who has recorded statement of complainant,

Smt. Neetu Rajak. Petitioner Lakhan Singh is confined in Sub Jail

Pichhore, District Shivpuri. His counsel Amit Goswami is present on

behalf of him. Principal Registrar has submitted a report that the

parties have arrived at compromise voluntarily without any fear or

force. The verification report further states that as per section 320

CrPC, the offence under Sections 354 and 456 of IPC are not

compoundable.

In the cases of Jagdish Channa & others Vs. State of

Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot

Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika &

Another (2011) 10 SCC 705, and Narinder Singh & others Vs.

State of Punjab (2014) 6 SCC 466, Hon'ble Supreme Court has laid

down that even in non-compoundable cases on the basis of

compromise, criminal proceedings can be quashed so that valuable

time of the court can be saved and utilized in other material cases.

Shri Amit Goswami as well as Shri Manish Kumar Nayak

submit that both the parties have entered into compromise according

to their own volition and without there being any pressure.

For the foregoing reasons, I.A. No. 6206/2022 and I.A.

No.6207/2022 are allowed.

This Court deems it appropriate to permit the parties to

compound the offence on the basis of compromise entered into

between the parties. The judgment of conviction and order of

sentence dated 08.03.20922 passed by Additional Sessions Judge,

Pichhore, District Shivpuri in Criminal Appeal No. 39/2017, as well

as the judgment of conviction and order of sentence dated 08.11.2016

passed by Judicial Magistrate First Class, Khaniyandhana, District

Shivpuri in Criminal Case No.64/2013 are set aside.

Petitioner Lakhan Singh is acquitted of the charge levelled

against him. The petitioner is in jail. He be released according, if not

required in any other case.

In view of the above, the Criminal Revision stands disposed of.

(Deepak Kumar Agarwal) Judge vv

VALSALA VASUDEVAN 2022.04.26 10:23:52 +05'30'