Mahendra @ Devendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 1889 MP

                                                                 1
                                 IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         BEFORE
                                      HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                   ON THE 2 nd OF FEBRUARY, 2023
                                                CRIMINAL REVISION No. 978 of 2015

                                BETWEEN:-
                                MAHENDRA @ DEVENDRA S/O RAGHUNATH SINGH
                                LODHI, AGED ABOUT 28 YEARS, VILL SATMASA P.S.
                                MADAWARA (UTTAR PRADESH)

                                                                                             .....PETITIONER
                                (BY SHRI V.C. RAI - ADVOCATE)

                                AND
                                THE STATE OF MADHYA PRADESH P.S. BALDEVGARH
                                TIKAMGARH (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                                (BY MS. HEMLATA KSHATRIYA - PANEL LAWYER FOR STATE )

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

This revision petition under Section 397/401 of Cr.P.C has been filed by

the petitioners against the judgment of conviction under Section 498-A of IPC recorded vide judgment dated 06.11.2012 by JMFC, Tikamgarh, District Tikamgarh (M.P.) and affirmed by the Second Additional Sessions Judge, Tikamgarh, District Tikamgarh (M.P.) vide judgment dated 07.04.2015 in Criminal Appeal No.378/2012. By the judgment under challenged petitioners have been awarded one year R.I. for 1 year and fine of Rs.500/- with default Signature Not Verified

stipulations SAN

Digitally signed by DEVESH K SHRIVASTAVA Date: 2023.02.03 16:19:57 IST B o t h the parties have filed the compromise application vide I.A.

No.8033/2022, which has been verified by the Registrar (J-II) of this Court. As per report placed on record both the parties are competent to compromise the case and they have entered into the compromise voluntarily without any fear, pressure or undue influence from either side.

N o w the offence punishable under Section 498-A of IPC is compoundable as per Gazette Notification dated 07.07.2022 issued by the State Government of M.P. offence under Sections 498(A) and 506(2) of IPC have been made compoundable in the State of M.P.

Considering the compromise arrived at and report submitted by Registrar (J-II) I.A.No.8033/2022 is allowed.

Accordingly, revision petition succeeds. Judgment and order passed by both the Courts below are hereby set-aside.

The petitioner is acquitted from the charges under Section 498-A of IPC. Fine amount, if deposited be refunded to the petitioners. Record of both the Courts below remitted back. With the aforesaid petition is allowed and disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE DevS

Signature Not Verified SAN

Digitally signed by DEVESH K SHRIVASTAVA Date: 2023.02.03 16:19:57 IST