Citation : 2023 Latest Caselaw 12525 MP
Judgement Date : 3 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 3 rd OF AUGUST, 2023
CRIMINAL REVISION No. 246 of 2014
BETWEEN:-
BATOI S/O SHRI MADANU, AGED ABOUT 30 YEARS,
OCCUPATION: AGRICULTURE R/O DEORI, POLICE
STATION PAHADGARH, DISTRICT MORENA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NAKUL KHEDKAR - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION PAHADGARH, DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI PRABHAT PATERIYA - PUBLIC PROSECUTOR FOR THE
RESPONDENT/STATE).
(BY SHRI RAM KISHOR SHARMA - LEARNED COUNSEL FOR THE
COMPLAINANT)
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 judgment dated 27.03.2014 passed by Learned IInd Additional Sessions Judge, Sabalgarh, District Morena (M.P.) in Criminal Appeal No.04/2012 confirming the judgment of conviction dated 20.12.2011 passed by the Court of JMFC, Sabalgarh, District Morena in Criminal Case No.1727 of 2006 and sentencing the petitioner to undergo R.I. for six months in place of one year R.I. as awarded by the Court of JMFC with Signature Not Verified Signed by: MOHD AHMAD Signing time: 04-Aug-23 9:50:10 AM
fine of Rs.1,000/- with default stipulation.
Parties have filed jointly I.A. No.8908/2023, an application for 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 petitioner as well as complainant. Counsel for both the parties submit that both the parties have entered into compromise according to their own volition and without there being any pressure.
On 20.07.2023, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Principal Registrar has given verification report dated
26.7.2023 mentioning the fact that the parties have entered into compromise without any threat, inducement or coercion.
In view of the above, I.A. No.8908/2023, stands disposed off. Consequently, judgment dated 27.03.2014 passed by Learned IInd Additional Sessions Judge, Sabalgarh, District Morena (M.P.) in Criminal Appeal No.04/2012 and judgment dated 20.12.2011 passed by the Court of JMFC, Sabalgarh, District Morena in Criminal Case No.1727 of 2006 are hereby set aside on the basis of compromise aforesaid. The petitioner is acquitted of the charge levelled against him. His bail bonds and surety bonds stand discharged.
Consequently, Criminal Revision stands disposed off.
(SUNITA YADAV) JUDGE Ahmad
Signature Not Verified Signed by: MOHD AHMAD Signing time: 04-Aug-23 9:50:10 AM
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