Smt. Preeti Tare vs The State Of Madhya Pradesh
2023 Latest Caselaw 100 MP

                                                                             1
                                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                                   AT INDORE
                                                                     BEFORE
                                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                ON THE 2 nd OF JANUARY, 2023
                                                            CRIMINAL APPEAL No. 12520 of 2022

                                            BETWEEN:-
                                            1.    SMT. PREETI TARE W/O LATE NISHANT TARE,
                                                  AGED ABOUT 37 YEARS, OCCUPATION: HOUSE
                                                  HOLD 76 SARVSAMPAN NAGAR, BICHOLI HAPSI,
                                                  ROAD INDORE DISTRICT INDORE (MADHYA
                                                  PRADESH)

                                            2.    UMESH JAISWAL S/O RAMESH CHANDRA
                                                  JAISWAL, AGED ABOUT 40 YEARS, OCCUPATION:
                                                  BUISNESS R/O GRAM MAHIGAON POST -
                                                  PANDUTALAB TEHSIL UDAY NAGAR DISTT-
                                                  DEWAS (MADHYA PRADESH)

                                                                                                         .....APPELLANTS
                                            (BY SHRI RITU RAJ BHATNAGAR, LEARNED COUNSEL)

                                            AND
                                            THE STATE OF MADHYA PRADESH STATION HOUSE
                                            OFFICER THROUGH POLICE STATION UDAY NAGAR,
                                            DISTRICT DEWAS (MADHYA PRADESH)

                                                                                                        .....RESPONDENT
                                            (MS. MAMTA SHANDILYA - GOVERNMENT ADVOCATE FOR
                                            RESPONDENT/STATE) (SHRI KAMAL GUPTA - ADVOCATE ALONG WITH
                                            THE COMPLAINANT SMT. SHALINI SHARMA)


                                                  This appeal coming on for admission this day, th e court passed the
                                            following:
                                                                              ORDER

The present appeal is filed under Section 374 Cr.P.C. being aggrieved by Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI the judgment dated 21.12.2022 passed by 2nd Additional Sessions Judge, Bagli, Date: 2023.01.02 17:09:30 IST

Dist. Dewas in Sessions Trial No.300271/2016 in which the trial Court has

convicted the appellants under Section 420 of IPC and Section 420 r/w Section 120-B of the IPC and sentenced to RI for 5 years and fine of Rs.5000/-, in default of payment of fine, 1 month R.I.

Counsel for the parties have filed IA No.8 of 2023 under Section 320(2) of Cr.P.C. for permission to compound the offence.

It is submitted that the matter has been compromised by the appellants and the complainant and alleged cheated amount of Rs.31,01,111/- has been paid to the complainant through demand draft. The matter has been settled between the parties. The complainant does not wish to prosecute the appellants further and she wants to withdraw the case against them.

The aforesaid compounding application is signed by the complainant which has been duly verified by the counsel for the complainant. The application is also supported by an affidavit of the complainant. The alleged offence is compoundable with the permission of the Court at the instance of the person cheated under Section 320(2) of the Code of Criminal Procedure.

After hearing learned counsel for the parties and taking into consideration the fact that the matter has been compromised between the parties, I am of the view that the application for compounding of offence under Section 320(2) Cr.P.C. deserves to be allowed. Accordingly, the application is allowed.

Considering the same, the conviction and sentence of the appellants are also set aside. The appeal is allowed and disposed off. The appellants shall be released immediately if not required in any other case.

C.C. today.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.01.02 17:09:30 IST

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.01.02 17:09:30 IST