Soneram Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 1091 MP

                                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. 9346 of 2022

BETWEEN:-
1.    SONERAM DHAKAD S/O SHRI MUNNALAL
      DHAKAD, AGED ABOUT 50 YEARS, OCCUPATION:
      KRASHI VILLAGE JANUAAPURA POLICE STATION
      PAHADGARH (MADHYA PRADESH)

2.    RATIRAM DHAKAD S/O PUNNALAL DHAKAD
      OCCUPATION: AGRICULTURE GRAM JANUA
      POLICE   THANA   PAHADGARH  (MADHYA
      PRADESH)

3.    GEETA DHAKAD W/O SONERAM DHAKAD, AGED
      ABOUT 49 YEARS, OCCUPATION: HOUSEWIFE
      GRAM JANUA POLICE THANA PAHADGARH
      (MADHYA PRADESH)

                                                           .....APPELLANT
(SHRI PRASUM KUMAR MAHESHWRI, LEARNED COUNSEL FOR THE
APPELLANTS)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE THANA PAHADGARH
(MADHYA PRADESH)

                                                        .....RESPONDENTS
(SHRI NIRMAL SHARMA-PUBLIC PROSECUTOR).

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                 ORDER

This criminal appeal under Section 374 of Cr.P.C assails the judgment dated 27.09.2022 passed by the Second Additional Sessions Judge, Sabalgarh, District Morena in Session Case No.314/2017, whereby the appellants have

been convicted under Sections 325/34 of IPC and sentenced to undergo R.I. for six-six months with fine of Rs.5000/- each and under Sections 323/34 of IPC with fine of Rs.1000/- each respectively with default stipulation.

During pendency of this appeal, both the parties have filed I.A.No. 16065/2022 and I.A.No.16066/2022, 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.

In compliance of the order dated 31.10.2022 passed by the coordinate bench of this Court, the factum of compromise has been verified by the

Principal Registrar of this Court, who has recorded statement of appellants as well as complainant and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement or coercion.

In the cases of Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika & Another (2011) 10 SCC 705, and Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, Hon'ble Supreme Court has laid down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.

For the forgoing reasons I.A.No.16065/2022 and I.A.No.16066/2022 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 27.09.2022 passed by the Second Additional Sessions Judge, Sabalgarh, District Morena in Sessions Case No.314/2017 is set-aside.

In view of the above, appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Van

VANDANA VERMA 2023.01.18 17:01:35 -08'00'