Sunil @ Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 12918 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 9 th OF AUGUST, 2023
                 CRIMINAL APPEAL No. 9690 of 2019

BETWEEN:-
1.    SUNIL @ SONU S/O SHRI HARI SINGH, AGED
      ABOUT 24 YEARS.

2.    ASHOK KUMAR S/O SHRI RAMSWAROOP, AGED
      ABOUT 26 YEARS.

3.    SANTOSH S/O SHRI KALURAM, AGED ABOUT 33
      YEARS.
      ALL RESIDENTS OF VILLAGE PALI POLICE
      STATION, SHAMSHABAD, DISTRICT VIDISHA
      (MADHYA PRADESH).

                                                          .....APPELLANTS
(SHRI RAHUL BANSAL - ADVOCATE FOR THE APPELLANTS )

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SHAMSHABAD, DISTRICT VIDISHA (MADHYA
PRADESH).

                                                         .....RESPONDENT
(SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR FOR THE
RESPONDENT/STATE)
(SHRI PRABHAT KISHORE HINNARIYA - ADVOCATE FOR THE
COMPLAINANTS - DUSHYANT S/O CHIRONJILAL DHAKAD AND SHRI
CHIRONJILAL S/O SHYAMLAL DHAKAD - R/O GRAM PALI, TAHSIL AND
THANA SHAMSHABAD, DISTRICT VIDISHA, MADHYA PRADESH)

      This appeal coming on for order this day, JUSTICE ROHIT ARYA
passed the following:
                                  ORDER

This appeal has been filed by the appellants under Section 374 (2) of

Cr.P.C. against the judgment dated dt.15.10.2019 passed in Sessions Trial No.265/2013 by the learned Second Additional Sessions Judge, Ganjbasoda, District Vidisha. By the aforesaid judgment, appellant No.1 Sunil @ Sonu stands convicted under section 325 of IPC and sentenced to undergo R.I. for one year with fine of Rs.5,000/-; appellant No.2 - Ashok Kumar stands convicted under section 323 of IPC and sentenced to undergo R.I. for six months with fine of Rs.1,000/-; appellant No.3 - Santosh stands convicted under section 324 of IPC and sentenced to undergo R.I. for one year with fine of Rs.5,000/- with default stipulations.

(2) In compliance of the order passed by this Court on 08.08.2023, the

complainants, convicted appellants have appeared before the Principal Registrar. After identification, their statements have been recoded in terms of the compromise applications I.A.No.11200/2023 and I.A.No.11202/2023.

(3) Learned counsel for the appellants submit that the offences are compoundable and as parties have entered into compromise, the impugned judgment may be set aside in the light of the judgments of the Hon'ble Supreme Court in the cases of Jagdish Chanana & others Vs. State of Haryana and Another, AIR 2008 SC 1968 and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466.

(4) Shri Prabhat Kishore Hirrariya, learned counsel for the complainants has no objection.

(5) In the light of the judgments of the Hon'ble Supreme Court in the case of Jagdish Chanana and Narinder Singh (supra), compromise applications I.A.No.11200/2023 and I.A.No.11202/2023, so also the statements recorded before the Principal Registrar, we accede to the prayer of the learned counsel

for the parties and dispose of the instant Criminal Appeal with the following order :-

That the impugned judgment dt.15.10.2019 passed by the learned trial Court in Sessions Trial No.265/2013 is set at naught and the appellants herein are acquitted of the offences as described in the opening para of this order. They are on bail. Their bail bonds stand discharged.

With the aforesaid, appeal stands disposed of.

        (ROHIT ARYA)                                (DEEPAK KUMAR AGARWAL)
           JUDGE                                             JUDGE
   SP
SANJEEV
KUMAR PHANSE
2023.08.10
17:08:44 +05'30'