Shriram vs The State Of Madhya Pradesh
2022 Latest Caselaw 15760 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 29th OF NOVEMBER, 2022

                                           CRIMINAL REVISION No. 2034 of 2018

                                   BETWEEN:-
                           1.      SHRIRAM       S/O    MAKKHAN       SINGH
                                   RAGHUVANSHI, AGED ABOUT 55 YEARS,
                                   OCCUPATION: LABOUR VILL. BADALPAR
                                   KHURD, P.S. KURAI (MADHYA PRADESH)

                           2.      RAMNARAYAN S/O SHRIRAM RAGHUVANSHI,
                                   AGED ABOUT 28 YEARS, OCCUPATION: LABOUR
                                   VILLAGE BADALPAR KHURD, PS KURAI
                                   (MADHYA PRADESH)

                           3.      KOMALSINGH S/O SHRIRAM RAGHUVANSHI,
                                   AGED ABOUT 25 YEARS, OCCUPATION: LABOUR
                                   VILLAGE BADALPAR KHURD, PS KURAI
                                   (MADHYA PRADESH)

                                                                                         .....PETITIONER
                                   (BY SHRI AKSHAY TAMRAKAR, ADVOCATE )

                                   AND
                                   THE STATE OF MADHYA PRADESH THR.
                                   COLLECTOR SEONI AND THR. P.S. KURAI
                                   SEONI (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                   (BY SHRI PRAMOD CHOUBEY, DY. GOVT. ADVOCATE)

                                 This revision coming on for final disposal at motion stage, this day, the
                           court passed the following:
                                                              ORDER

Heard on I.A. No.17535/2021 an application under Section 320(2) of Cr.P.C. for permission to compound the offences.

In compromise application, parties have been duly identified by their counsel Shri Sanjay Sharma, Advocate and Ms. Mamta Dubey, Advocate and Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/30/2022 11:20:56 AM

in support of compromise application, they have filed their affidavits.

Applicant No.1 is no more. His death certificate has been filed. Compromise application has been duly verified by the Registrar (J-II) and according to his report parties have entered into compromise on their own with free will and volition without any duress or coercion. As injured and applicants have entered into compromise on their own free will and volition, hence, same may be allowed.

Appellants had been convicted for commission of offence under Section 325/34 of IPC and 323/34 of IPC and had been sentenced to R.I. for one year and fine of Rs.500/- - 500/- by CJM, Seoni. Appeal preferred against the

judgment of CJM, Seoni was dismissed by the Sessions Judge, Seoni vide appeallate judgment dated 1.5.2018 passed in Cr. A. No.100/2017. This revision has been preferred against the appellate judgment.

As parties have entered into compromise on their own and have settled their dispute amicably, they are permitted to compound the offence. Accordingly, this revision petition in the light of compromise entered into by the parties, is allowed. Consequently, judgment dated 26.7.2017 passed by CJM Seoni in Criminal Case No.3202/2012 (State of M.P. Vs. Shriram and others) and appellate judgment dated 1.5.2018 passed in Cr.A. No.100/2017 - (Shriram and others Vs. State of M.P.) by Sessions Judge, Seoni are set aside and applicants are acquitted of the offences under Section 325/34 and 323/34 of IPC. They are entitled to receive back the fine amount deposited before the trial Court. Their bail bonds shall stand discharged.

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

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/30/2022 11:20:56 AM

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/30/2022 11:20:56 AM