Virendra vs State Of M.P.
2023 Latest Caselaw 5711 MP

                             1

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR
                         BEFORE
     HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                 ON THE 10th OF APRIL, 2023

             CRIMINAL APPEAL NO.561 OF 2011

     BETWEEN:-

1.   VIRENDRA S/O LALTA PRASAD TYAGI,
     AGED   ABOUT    40   YEARS,   R/O
     KANATHAR,     POLICE     STATION-
     AMAYAN, DISTRICT- BHIND (MADHYA
     PRADESH)

2.   RAMOUTAR S/O CHOTELAL TYAGI,
     AGED ABOUT 23 YEARS,         R/O
     KANATHAR,     POLICE    STATION-
     AMAYAN, DISTRICT- BHIND (MADHYA
     PRADESH)

3.   RAMA SHANKAR S/O CHOTELAL TYAGI,
     AGED   ABOUT    27   YEARS,   R/O
     KANATHAR,     POLICE     STATION-
     AMAYAN, DISTRICT- BHIND (MADHYA
     PRADESH)

4.   CHHOTELAL S/O MATADEEN TYAGI,
     AGED   ABOUT    72   YEARS,   R/O
     KANATHAR,     POLICE     STATION-
     AMAYAN, DISTRICT- BHIND (MADHYA
     PRADESH)

                                              ........APPELLANTS

     (BY SHRI VISHAL SHARMA- ADVOCATE)

     AND

     STATE OF M.P. THROUGH POLICE
     STATION- AMAYAN, DISTRICT- BHIND
     (MADHYA PRADESH)

                                              ........RESPONDENT

     (SHRI VIRENDRA PAL- DEPUTY ADVOCATE GENERAL FOR THE
                                             2

 STATE AND SHRI RAJEEV KUMAR SHRIVASTAVA- ADVOCATE FOR THE
 COMPLAINANT)
 ----------------------------------------------------------------------------------------
        This appeal coming on for orders this day, the Court passed the
 following:
----------------------------------------------------------------------------------------

                                    JUDGMENT

This appeal has been filed under Section 374 of Cr.P.C. by the appellants against the judgment of conviction and order of sentence dated 07/07/2011 passed by Additional Judge, District- Bhind (M.P.) to the court of 6th Additional Sessions Judge (F.T.C), Bhind in S.T. No.135/2009, whereby the appellants have been convicted and sentenced as under:-

Appellants Section Sentence Fine Default (Rs.) Stipulation

1. Virendra 323/34 of IPC 3 Months RI 1,000/- 15 days SI 325/34 of IPC 6 Months RI 5,000/- 1 Month SI

2. Ramautar 323/34 of IPC 3 Months RI 1,000/- 15 days SI 325/34 of IPC 6 Months RI 5,000/- 1 Month SI

3. Ramashankar 323/34 of IPC 3 Months RI 1,000/- 15 days SI 325/34 of IPC 6 Months RI 5,000/- 1 Month SI

4. Chhote Lal 323/34 of IPC 3 Days RI 1,000/- 15 Days SI 325/34 of IPC 3 Days RI 5,000/- 1 Month SI

During pendency of this Criminal Appeal, I.A. No.10616/2022 has been filed by the complainant and I.A. No.10617/2022 has been filed by appellants seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid application, affidavits have also been filed on behalf of complainant as well as the appellants.

Learned counsel for both the parties submit that they have entered into a compromise according to their own volition and without there being any threat and coercion.

For the foregoing reasons, I.A. Nos.10616/2022 & 10617/2022 are

allowed.

Accordingly, 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 07/07/2011 passed by Additional Judge, District- Bhind (M.P.) to the court of 6th Additional Sessions Judge (F.T.C), Bhind in S.T. No.135/2009 is set aside on the basis of compromise.

Appellants are acquitted of the charges levelled against them. Their bail bonds and surety bonds stand discharged.

In view of the above, I.A. Nos.10616/2022 & 10617/2022 are disposed of.

Consequently, Criminal Appeal stands allowed and disposed of on the basis of compromise.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Digitally signed by RAHUL SINGH PARIHAR

RAHUL rahul SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.12 18:39:32 +05'30'