Citation : 2023 Latest Caselaw 1086 MP
Judgement Date : 18 January, 2023
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 18 th OF JANUARY, 2023
CRIMINAL APPEAL No. 7018 of 2018
BETWEEN:-
1. BABULAL S/O MADHAU LAL VAIRVA, AGED
ABOUT 41 YEARS, OCCUPATION: KRISHI
GRAM KHIRNI P.S. DEHAT (MADHYA
PRADESH)
2. RAMMURTI W/O BABULAL VAIRWA, AGED
ABOUT 41 YEARS, OCCUPATION:
AGRICULTURE GRAM KHIRANI THANA
DEHAT DISTT SHEOPUR (MADHYA
PRADESH)
.....APPELLANT
(SHRI ANSHU GUPTA-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION DEHAT (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ANIL KUMAR SHUKLA-PUBLIC PROSECUTOR)
(SHRI ANAND PUROHIT- ADVOCATE FOR THE COMPLAINANT)
This appeal coming on for hearing this day, the court passed the
following:
ORDER
T his criminal appeal under Section 374 of Cr.P.C assails the judgment dated 30.08.2018 passed by the First Additional Sessions Judge, Sheopur, District Sheopur in Sessions Case No.14/2014, whereby the
appellants have been convicted under Sections 294 of IPC with fine of Rs.500/-, under Section 324 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/- and under Section 325/34 of IPC and sentenced to undergo R.I. for two years with fine of Rs.500/- respectively with default stipulation.
During pendency of this appeal, both the parties have filed I.A.No.3046/2019 and I.A.No.3047/2019, stating that the dispute between the parties has been resolved and they have entered into compromise with no intention to pursue the matter further. The applications is supported by affidavit of appellants/accused and the complainant/victim.
For the forgoing reasons I.A.No.3046/2019 and I.A.No.3047/2019,
are allowed.
Considering the fact that the complainant and accused person have amicably resolved the issue and the offences being compoundable with the permission of the Court, this Court allows this Criminal Appeal. The judgment of conviction and order of sentence dated 30.08.2018 passed by the First Additional Sessions Judge, Sheopur, District Sheopur in Sessions Case No.14/2014 is set-aside and both the appellants stand acquitted of all the charges levelled against them. Appellants are on bail, their bail bonds as well as surety bonds stand discharged.
Record of the trial Court be sent back immediately along with the copy of this order for compliance and necessary action.
In view of the above, appeal stands disposed of. CC as per rules.
VANDANA VERMA 2023.01.19 10:49:57 -08'00'
(DEEPAK KUMAR AGARWAL) JUDGE Van
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