Dilip vs The State Of Madhya Pradesh
2023 Latest Caselaw 20893 MP

Madhya Pradesh High Court

Dilip vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                                             ON THE 11 th OF DECEMBER, 2023
                                           CRIMINAL REVISION No. 4506 of 2018

                           BETWEEN:-
                           1.    DILIP S/O MADHAV DONGRE, AGED ABOUT 35
                                 Y E A R S , OCCUPATION:   LABOUR VILLAGE
                                 RAJEGAON          P.S.MOHKHED,   DISTRICT
                                 CHHINDWARA (MADHYA PRADESH)

                           2.    SUDAMA S/O MADHAV DONGARE, AGED ABOUT
                                 37 YEARS, OCCUPATION: LABOUR R/O VILLAGE
                                 RAJEGAON,            P.S.MOHKHED DISTRICT
                                 CHHINDWARA (MADHYA PRADESH)

                           3.    BHARAT S/O MADHAV DONGARE, AGED ABOUT
                                 26 YEARS, OCCUPATION: LABOUR R/O VILLAGE
                                 RAJEGAON,            P.S.MOHKHED DISTRICT
                                 CHHINDWARA (MADHYA PRADESH)

                                                                                        .....APPLICANTS
                           (BY SHRI SANTOSH SAHU - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           MOHKHED CHHINDWARA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI DINESH PRASAD PATEL - DY. GOVERNMENT ADVOCATE)
                           (SHRI RAMRAJ CHOUHAN - ADVOCATE FOR THE OBJECTOR)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                             ORDER

Heard on I.A. No.16160/2018 and I.A.No.16162/2018, which are the applications under Section 320 read with Section 482 of the Cr.P.C. and under Section 320(6) of the Cr.P.C. for grant of permission to compound the offence.

Coordinate Bench of this Court vide order dated 09/11/2023 directed the Registrar (J-II) to verify the compromise between the parties. In compliance of said order, Registrar (J-II) submitted his report dated 06/12/2023, which reveals that the parties have compromised their case voluntarily.

The appellants have been convicted under Sections 325/34 of IPC and sentenced to undergo R.I. for 06 months with fine of Rs.500/- each with default stipulation vide judgment dated 07/09/2018 passed by V Additional Sessions Judge, Chhindwara in Cr.A.No.148/2017.

The offence under Section 325/34 IPC is compoundable with the permission of the Court.

Looking to the fact that complainant and applicants have settled their dispute amicably and to see that they shall keep good terms in future, the permission for compromise is granted and the compromise application filed by them is accepted and applicants are acquitted from the charge under Section 325/34 of the IPC in compromise and conviction and sentenced passed by the learned Court below under Section 325/34 of the IPC is hereby set-aside.

Appellants are on bail, their bail bonds stand discharge. Accordingly, this appeal stands disposed of.

A copy of this order be sent to the concerned trial Court along with the record for necessary action.

(ROOPESH CHANDRA VARSHNEY) JUDGE as