Madhya Pradesh High Court
Suresh Yadav And Anr. vs The State Of M.P. on 2 August, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 2 nd OF AUGUST, 2023
CRIMINAL APPEAL No. 1430 of 2005
BETWEEN:-
1. SURESH YADAV S/O IMRAT YADAV, AGED ABOUT
28 YEARS (DEAD)
2. KANCHHEDI S/O IMRAT YADAV, AGED ABOUT 37
YEAR S , OCCUPATION - AGRICULTURIST, R/O-
KALAPANI, THANA-TEJGARH, DISTT.-DAMOH
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI T. R. KURMI - ADVOCATE)
AND
THE STATE OF M.P. THROUGH POLICE STATION,
TEJGARH, DISTT. DAMOH (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AJAY TAMRAKAR - PANEL LAWYER )
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
This Criminal Appeal under Section 374 of CrPC has been preferred by
appellants challenging the judgment of conviction and order of sentence dated
20.6.2005 passed by Special Court (Atrocities), District Damoh (M.P.) in
Special Case No.240/2001, by which appellant No.1 has been convicted under
Section 323/34 (on 3 counts) of IPC and has been sentenced to undergo R.I.
for 06 months on each count and fine of Rs.500/- for each offence and
appellant No.2 has been convicted under Section 323/34 (on 4 counts) of IPC
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 8/4/2023
10:18:50 AM
and sentenced to undergo R.I. for 06 months imprisonment on each count and
fine of Rs.500/- for each offence with default stipulation. During the pendency
of the appeal, appellant No.1 Suresh died. Thus, the present appeal so far as it
relates to appellant No.1- Suresh stood abated.
2. As per prosecution story, on 20.10.2001 complainants Bhure
Singh, Ramcharan, Bahadur, Rajrani lodged an FIR stating that at around 9.00,
appellants abused and assaulted them and voluntarily caused hurt to them.
3. During pendency of this appeal, injured/ complainants have filed
I.A.No. 16641/2023 under Section 320(2) of Cr.P.C., stating that the dispute
between the parties has been resolved and they have entered into compromise
with no intention to pursue the matter further. The applications is supported by
affidavit of complainants.
4 . Matter was referred to the Registrar Judicial-II for verification of
compromise vide order dated 18.7.2023. Registrar Judicial-II in compliance of
this Court's order has verified the aforesaid compromise and has submitted its
report dated 27.7.2023. Appellant/accused and complainants have been duly
identified by their respective counsel.
5. 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.
6. Heard learned counsel for the parties and perused the record.
7. Offence under section 323 is compoundable by the person to whom
the injury has been caused. In the present case, the dispute between the parties
has been settled by way of compromise and complainants have no objection in
setting aside the judgment of conviction and order of sentence.
8. The purpose of compromise is to maintain peace and harmony in the
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 8/4/2023
10:18:50 AM
relations. Section 320 of the Cr.P.C. deals with compounding of offence. As
per sub-Section (1) of Section 320 Cr.P.C., the offences punishable under
Section of IPC, specified in first two columns of the table can be compounded
by the persons mentioned in third column of that table. An offence of causing
hurt is punishable under Section 323 IPC, which falls under sub-Section (1) of
Section 320 Cr.P.C. and this offence is compoundable at the instance of the
person to whom the injury has been caused and for that permission of the Court
is not necessary. Considering the compromise between the parties who are
resident of same village, permission to compound offence under Section
323(34) (on 4 counts) of IPC is granted.
9 . As per provisions of sub-Section (8) of Section 320 Cr.P.C., the
composition of offence under the Section shall have an effect of acquittal of the
accused with whom the offence has been compounded and as such the
resultant effect of compounding of offences is that the accused is acquitted of
the charges meaning thereby, once the offences have been compounded and
requisite permission has been granted by the Court, the accused is to be
acquitted of the charges.
10. For the forgoing reasons I.A.No.16641/2023 is allowed.
11. Considering the fact that the complainants and accused person have
amicably resolved their dispute and the offences being compoundable, this
Court allows this Criminal Appeal. The judgment of conviction and order of
sentence dated 20.6.2005 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Act, Damoh in Special Case No.240/2001 is set-aside on the basis
of compromise. Appellant - Kanchhedi is acquitted of the charges levelled
against him. His bail bond and surety bond stand discharged.
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 8/4/2023
10:18:50 AM
12. Trial Court record along with copy of this order be sent down to
Court concerned through Sessions Judge, Damoh, for necessary compliance.
13. In view of the above, appeal stands disposed of.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 8/4/2023
10:18:50 AM
