Santosh vs The State Of M.P.
2022 Latest Caselaw 16276 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                              ON THE 8 th OF DECEMBER, 2022
                                            CRIMINAL APPEAL No. 1378 of 2001

                          BETWEEN:-
                          SANTOSH, AGED ABOUT 28 YEARS,
                          OCCUPATION - AGRICULTURE,
                          R/O MANJOOS KHURD, P.S. SULTANPUR, DISTRICT
                          RAISEN (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI R. S. SIDDIQUI - ADVOCATE )

                          AND
                          THE STATE OF M.P.
                          THROUGH P.S. SULTANPUR,
                          DISTRICT RAISEN (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI VINOD TIWARI - PANEL LAWYER FOR RESPONDENT/ STATE.
                          SHRI PRAKASH GUPTA - ADVOCATE FOR COMPLAINANT. )

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                              ORDER

Report has been received from Registrar (J-II), who after recording the statement of injured/ complainant and appellant has given his report that parties have amicably resolved the dispute between them and have entered into compromise on their own volition and free will and not on account of any duress. As per the report, compromise is genuine and correct.

Complainant/ injured and appellant have filed compromise application for seeking permission of the Court to grant leave to compound the matter and to acquit the appellant on the basis of compromise. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/9/2022 1:31:30 PM

Under Section 320(5) of Cr.P.C. when the accused has been committed for trial or when he has been convicted and an appeal is pending, the composition for the offence can be allowed only with the leave of the Court.

As parties have entered into compromise on their own with free will and volition without any duress or pressure from either side. Compromise application appears just and lawful. Hence, permission to compound the matter is granted.

Consequently, compromise application is allowed and in the light of compromise entered into between the parties, judgment of conviction and order of sentence dated 21.8.2001 passed by Sessions Judge, Raisen, in S.T.

No.49/2000 (State of M.P. Vs. Santosh and others) whereby appellant had been convicted for commission of offence under Section 325 of IPC and has been sentenced for 3 years R.I. with fine of Rs.2000/- with default stipulations, is set aside. Appellant - Santosh is acquitted of offence under Section 325 of IPC.

Appeal is accordingly, disposed of. Appellant- Santosh's bail bond shall stand discharged.

Trial Court record along with a copy of order be sent down to the Court concerned through Sessions Judge, Raisen.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/9/2022 1:31:30 PM