Mahendra Singh Raghuvanshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 14252 MP

                                1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               BEFORE
                  HON'BLE SMT. JUSTICE SUNITA YADAV
                     ON THE 3rd OF NOVEMBER, 2022

               CRIMINAL REVISION No. 3027 of 2017

        BETWEEN:-
        MAHENDRA SINGH RAGHUVANSHI S/O SHRI
        VIRENDRA SINGH RAGHUVANSHI, AGED
        ABOUT 45 YEARS, OCCUPATION: KARSHI GRAM
        VIJAYPURA POST JHEELA THASIL SADORA
        (MADHYA PRADESH)

                                                           .....PETITIONER
        (BY SHRI DEEPAK SHRIVASTAV- ADVOCATE)

        AND
1.      THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION CITYKOTWALI (MADHYA
        PRADESH)

2.      LAKHAMICHAND S/O MOTILAL JAIN, AGED
        ABOUT 45 YEARS, CHAIGHARA COLONY JAIN
        MANDIR KE PICHE (MADHYA PRADESH)

                                                        .....RESPONDENTS
        (BY SHRI PRASUM KUMAR MAHESHWRI- ADVOCATE)

      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 25.10.2017 passed by Second Additional Sessions Judge, Ashoknagar in Criminal Appeal Nos.130/2017 and 132/2016, confirming the judgment of conviction and order of sentence dated 20.10.2016 passed by Judicial Magistrate First Class, Ashoknagar in Criminal Case No.1054/2015,

convicting the petitioner under Section 138 of Negotiable Instruments Act and sentencing him to undergo one month simple imprisonment and further ordered to pay a total compensation of Rs.5,09,063/- to the complainant/respondent with default stipulation.

During pendency of this Criminal Revision, the petitioner and the respondent/complainant have filed application bearing I.A. No.12451/2022 u/S.320 of Cr.P.C and I.A.No.12454/2022 u/S.320(2) of Cr.P.C seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid applications, affidavits have also been filed on behalf of petitioner and respondent.

Counsel for both the parties as well as petitioner and respondents are personally present before this Court and have submitted that both the parties have entered into compromise on their own volition and without there being any threat on coercion.

Consequent upon the above said facts and that the petitioner and the respondent have amicably resolved the issue and the offence being compoundable with the permission of the Court, this Court allows the application.

In view of the above, I.A. No.12451/2022 and I.A.No.12454/2022 of Cr.P.C. stand disposed of.

Consequently, the judgment of conviction and order of sentence dated 25.10.2017 passed by Second Additional Sessions Judge, Ashoknagar in Criminal Appeal Nos.130/2017 & 132/2016, confirming the judgment of conviction a n d order of sentence dated 20.10.2016 passed by Judicial Magistrate First Class, Ashoknagar in Criminal Case No.1054/2015 are hereby quashed.

Petitioner is on bail. His bail bond stands discharged. Consequently, present Criminal Revision stands disposed of in terms of the compromise arrived at between the parties.

A copy of the order passed today be sent to the trial court for necessary compliance.

(SUNITA YADAV) JUDGE vpn

VIPIN KUMAR AGRAHARI 2022.11.04 18:53:25 +05'30'