Mangal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2938 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                                       BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 17th OF FEBURARY, 2023

                   CRIMINAL REVISION NO.688 OF 2023

       BETWEEN:-

       MANGAL SINGH S/O SHRI HARISINGH
       PARIHAR, AGED ABOUT 31 YEARS,
       OCCUPATION:   KRASHI,   R/O    GRAM
       GANESHKHEDA,     POLICE     STATION-
       BHONTI, DISTRICT- SHIVPURI (MADHYA
       PRADESH)

                                                                   ........PETITIONER
       (BY SHRI RAJENDRA SING YADAV - ADVOCATE)

       AND

  1.   STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- BHONTI, DISTRICT-
       SHIVPURI (MADHYA PRADESH)

  2.   RAMESHWAR JATAV S/O KASHIRAM JATAV
       R/O VILLAGE GANESHKHEDA. THANA
       BHONTI. DISTRICT- SHIVPURI (MADHYA
       PRADESH)


                                                                ........RESPONDENTS

       (SHRI PRAMOD PACHAURI - PUBLIC PROSECUTOR FOR THE STATE)

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       This petition coming on for orders this day, the Court passed the
following:
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                                       ORDER

IA No3409/2023, an application under Section 5 of Limitation Act, is taken up, considered and allowed for the reasons mentioned therein.

This revision under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment dated 29/09/2022 passed by Additional Sessions Judge, Pichhore, District- Shivpuri (M.P.) in Criminal Appeal No.51/2017, affirming the order dated 09/10/2017 passed in Criminal Case No.792/2016 by JMFC, Pichhore, District- Shivpuri (M.P.), whereby the petitioner has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 325 of IPC 6 Months RI 500/- 1 Month RI Learned counsel for the petitioner submits that petitioner and complainant has jointly filed IA No.3738/2023 under Section 320(1) of Cr.P.C. alongwith their affidavits for compromise. The complainant himself remained present before this Court and stated that both the parties have arrived at a compromise voluntarily, without any threat, inducement and coercion. Learned counsel for the petitioner further submits that he does not want to challenge the finding of conviction recorded by learned trial Court but since the incident has taken place on 12/06/2016 and the petitioner is in custody since 27/01/2023, therefore, it is prayed that substantive sentence awarded to the petitioner for aforesaid offence may be reduced to the period already undergone by him. In support of his contention, he has relied on the judgment dated 20-09-2011 passed by a coordinate Bench of this Court in Criminal Appeal No. 315 of 1998[ Keshav and Others vs. State of MP], judgment dated 01-12-2017 passed by Division bench of this Court in Criminal Appeal No. 686 of 2007 [Ramkrishna alias Sanju Sharma and Others vs. State of MP] and the judgments of Hon'ble Supreme Court passed in the case of Murali vs. State represented by Inspector of Police, reported in (2021) 1 SCC

726, wherein the Hon'ble Apex Court in para 12 of its judgment has observed that there is no question of settlement being as a result of any coercion or inducement and considering that the parties are on friendly terms now and they inhabit the same society, this is a fit case for reduction of sentence. Further, in the case of Ishwar Singh vs. State of MP, reported in AIR 2009 SC 675, the Hon'ble Apex Court has observed that Section 307 of IPC is a non-compoundable offence, the parties have arrived at a compromise and offence cannot be compounded, however, compromise during pendency of the appeal can be considered while awarding sentence considering the fact that the accused was young and first offender, incident was over 7 years old and accused had suffered part of sentence, in these circumstances, the sentence be reduced to the period already undergone. Similar view has been held by Hon'ble Supreme Court in the case of Ram Pujan and Others vs. State of Uttar Pradesh, reported in AIR 1973 SC 2418.

On the other hand, learned counsel for the State has opposed the submissions made by learned counsel for the petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to accused- petitioner nor any compassion or sympathy is called for in the said case.

Considering the aforesaid facts as well as the law laid down by the Hon'ble Apex Court as well as this Court in the above cited judgments, in my opinion, the ends of justice would be meet if the jail sentence awarded to the petitioner is reduced to the period already undergone by him. Accordingly, the revision deserves to be and is partly allowed. While maintaining the petitioner's conviction for offence under Section 325 of IPC, the sentence awarded to him is hereby reduced to the period already undergone by him. The fine amount imposed by the trial Court for offence

under Section 325 of IPC is not disturbed. The fine amount deposited by the petitioner be paid to the injured complainant by way of compensation. The petitioner is in jail, he be released forthwith, if no required in other case.

IA No.3215/2023 stands disposed of.

A copy of this judgment along with the record of the trial Court be sent back forthwith.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH rahul 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910

PARIHAR FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.02.21 15:22:55 +05'30'