Bhotu Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 7849 MP

                                1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                    HON'BLE SMT. JUSTICE SUNITA YADAV
                         ON THE 15th OF JUNE, 2022

                CRIMINAL REVISION No. 628 of 2021

        Between:-
1.      BHOTU DHAKAD S/O RAGHUNI DHAKAD , AGED
        ABOUT 56 YEARS, OCCUPATION: KHETI VILL
        DEVRIKALA PS BAIRAD (MADHYA PRADESH)

2.      KASHIRAM DHAKAD S/O SHRI RAGHUNI
        DHAKAD , AGED ABOUT 47 YEARS, GRAM
        DEVRIKALA POLICE THANA BAIRAD (MADHYA
        PRADESH)

3.      BHURA @ LAKHANSINGH S/O SHRI HARGYAAN
        DHAKAD , AGED ABOUT 24 YEARS, GRAM
        DEVRIKALA POLICE THANA BAIRAD (MADHYA
        PRADESH)

4.      FORAN S/O SHRI RAGHUNI DHAKAD , AGED
        ABOUT 42 YEARS, GRAM DEVRIKALA POLICE
        THANA BAIRAD (MADHYA PRADESH)

                                                          .....PETITIONERs
        (BY SHRI RAVI DWIVEDI - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION P.S. BAIRAD (MADHYA
        PRADESH)

                                                         .....RESPONDENT
        (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                 ORDER

The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the impugned judgment of conviction and

order of sentence dated 18.02.2021 passed by Fourth Additional Sessions Judge, Shivpuri in Criminal Appeal No.100040/2015, confirming the judgment of conviction a n d order of sentence dated 13.01.2015 passed by Judicial Magistrate First Class, Pohari, District Shivpuri in Criminal Case No.353/2007, convicting the petitioners under Section 147 of IPC and sentencing them to undergo simple imprisonment for one month each, under Section 325/149 of IPC and sentencing them to undergo simple imprisonment for six months with fine of Rs.2,000/- each and under Section 323/149 of IPC and sentencing them to undergo simple imprisonment for three months each, with default stipulation.

During pendency of this Criminal Revision, the petitioners and the

respondent/complainant have filed the applications which are I.A.No.3864/2022 and I.A.No.3865/2022 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 on behalf of petitioner No.1 Bhotu Dhakad. Counsel for both the parties submit that b o th the parties have entered into compromise according to their own volition and without there being any pressure.

O n 07.03.2022, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Registry has filed its report mentioning that Offence under Section 147 of IPC is not compoundable and under Sections 325/149 and 323/149 of IPC is compoundable.

The Hon'ble Supreme Court in catena of judgments 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, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana

and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 , 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.

Consequent upon the above said facts and that the petitioners and the complainant have amicably resolved the issue and the offence being compoundable with the permission of the Court, this Court allows the applications.

In view of the above, I.A.No.3864/2022 and I.A.No.3865/2022 are disposed of.

Consequently, the judgment of conviction and order of sentence dated 18.02.2021 passed by Fourth Additional Sessions Judge, Shivpuri in Criminal Appeal No.100040/2015 as well as the judgment of conviction and order of sentence dated 13.01.2015 passed by Judicial Magistrate First Class, Pohari, District Shivpuri in Criminal Case No.353/2007 are hereby quashed.

Petitioners are acquitted of the charge levelled against them. Their bail bonds stand discharged.

Consequently, Criminal Revision stands disposed of.

(SUNITA YADAV) JUDGE bj/-

BARKHA SHARMA 2022.06.1 6 17:28:20 +05'30'