Madhya Pradesh High Court
Balveer Singh vs The State Of Madhya Pradesh on 2 May, 2022
Author: Deepak Kumar Agarwal
01
HIGH COURT OF MADHYA PRADESH
CRR No. 1066 of 2022
(Balveer Singh Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated: 2.05.2022
Shri Dharmendra Rishishwar, learned counsel for the petitioner.
Shri Pramod Pachauri, learned Public Prosecutor for the
respondent/State.
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 16.03.2022 passed by Additional Sessions Judge,
Mehgaon, District Bhind, in Criminal Appeal No.9/2020, confirming
the judgment of conviction and order of sentence dated 14.10.2019
passed by Judicial Magistrate First Class, Mehgaon, District Bhind, in
Criminal Case No.284/2015, convicting the petitioner under Section
354 of IPC and sentencing him to undergo rigorous imprisonment of
one year with fine of Rs. 300/-
During pendency of this Criminal Revision, I.A.
Nos.6546/2022 and 6547/2022 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.
In compliance of the order dated 26.04.2022 passed by this
Court, the factum of compromise has been verified by the Principal
Registrar of this Court, who has recorded statement of complainant.
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
Section 354 of IPC is 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.
Learned counsel for the petitioner submits 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. 6546/2022 and 6547/2022
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 16.03.20922 passed by Additional Sessions Judge, Mehgaon,
District Bhind, in Criminal Appeal No.9/2020, as well as the
judgment of conviction and order of sentence dated 14.10.2019
passed by Judicial Magistrate First Class, Mehgaon, District Bhind, in
Criminal Case No.284/2015 are set aside.
Petitioner Balveer Singh is acquitted of the charge levelled
against him. The petitioner is in jail. He be released forthwith, if not
required in any other case.
In view of the above, the Criminal Revision stands disposed of.
(Deepak Kumar Agarwal)
Judge
ms/-
YOGENDRA
OJHA
2022.05.02
17:56:57 +05'00'
