Narendra Kirar vs Smt. Lalita Bai
2022 Latest Caselaw 6575 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       CRR-542-2022
              Narendra Kirar Vs. Smt. Lalita Bai

Gwalior, Dated : 02/05/2022

      Shri Rajnish Sharma, Counsel for the applicant.

      Shri S.S. Rawat, Counsel for the respondent.

This criminal revision under Section 397, 401 of CrPC has been

filed against the judgment dated 13.11.2021 passed by Second

Additional Sessions Judge, Guna in Criminal Appeal No.290/2017, by

which the judgment and sentence dated 05.10.2017 passed by JMFC,

Guna in Criminal Case No.2381/2012 has been affirmed and the

applicant has been convicted under Section 31 of the Protection of

Women from Domestic Violence Act, 2005 and sentenced to undergo

rigorous imprisonment of 1 year and compensation of Rs.60,000/-. In

default, rigorous imprisonment for 15 days.

I.A. No.2707/2022 and I.A. No.4955/2022 have been filed for

compounding the offence and deciding the matter on the basis of

compromise.

Accordingly, the parties were directed to appear before the

Principal Registrar of this Court on 30.03.2022 for verification of the

factum of compromise. On 30.03.2022 respondent appeared before the

Principal Registrar and following report was submitted :-

In compliance with Hon'ble Court order dated 28.03.2022 the matter has been placed before me for verification of affidavit filed as document No.2967/22.

Complainant/Respondent Smt. Lalita Bai is

THE HIGH COURT OF MADHYA PRADESH CRR-542-2022 Narendra Kirar Vs. Smt. Lalita Bai

present alongwith her counsel Shri S.S. Rawat who has identified her. Complainant submits that she has signed on affidavit dated 25.03.22 before oath Commissioner after hearing and understanding the averment mentioned in para 1 and 2 of said affidavit as true and correct. She further submits that her husband is confined in District Jail Guna and She wants to Compromise with her Husband With Condition that her husband Shall not harass her and look after her Carefully and would live together happily in future.

Report is submitted Accordingly. Therefore, case be listed before the Hon'ble Court for appropriate orders."

In view of the verification report submitted by the Principal

Registrar of this Court, Superintendent, District Jail, Guna was

directed to produce the applicant before the Principal Registrar of this

Court on 26.04.2022 to ascertain the view of the applicant regarding

the condition expressed by the respondent.

Accordingly, Principal Registrar of this Court after recording

statement of the applicant submitted following report:-

"Statement of Accused/Petitioner Narendra Kirar S/o Shri Ramcharan Kirar is recorded. Matter perused, inquired and verified as to factum of his willingness towards the condition expressed by the respondent. With a view to ascertain that the applicant is ready and willing to accept the conditions imposed by the Respondent for documentation purpose his statement has been recorded. In the statement, he has verified that he voluntarily accepts the conditions imposed by the Respondent to settle the dispute amicably. He is also ready and willing to solve the dispute and to settle the matter by compromise.

Thus, the applicant has voluntarily accepted the terms & conditions with free will."

THE HIGH COURT OF MADHYA PRADESH CRR-542-2022 Narendra Kirar Vs. Smt. Lalita Bai

The applicant has been convicted under Section 31 of the

Protection of Woman from Domestic Violence Act on the allegation of

non-payment of maintenance amount. Since the parties have decided

to resolve their dispute by compromise and in the light of the

judgments passed by the Supreme Court in the case of Gian Singh Vs.

State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh

and others Vs. State of Punjab reported in (2014) 6 SCC 466, I.A.

No.2707/2022 and I.A. No.4955/2022 are hereby allowed.

Accordingly, the judgment dated 13.11.2021 passed by Second

Additional Sessions Judge, Guna in Criminal Appeal No.290/2017, by

which the judgment and sentence dated 05.10.2017 passed by JMFC,

Guna in Criminal Case No.2381/2012 are hereby set aside on the basis

of compromise and the applicant is acquitted.

The revision succeeds and is hereby allowed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2022.05.04 19:20:38 +05'30'