Mustafa Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 819 MP

                              1

IN THE HIGH COURT OF MADHYA PRADESH

                   AT G WA L I O R
                        BEFORE
        HON'BLE SHRI JUSTICE ROHIT ARYA
            ON THE 13th OF JANUARY, 2023
          CRIMINAL APPEAL No. 8516 of 2022

BETWEEN:-
1. MUSTAFA KHAN S/O MUNNE KHAN, PRESENTLY AGED
   ABOUT 30 YEARS, OCCUPATION: CATERING, R/O DHOLI
   BUA KA PUL, LOHAGARH, BAJRANGBALI KE MANDIR KE
   PASS, POLICE STATION JANAKGANJ, GWALIOR (MADHYA
   PRADESH)

2. YOGESH @ CHATU BALMIK S/O SHRI RAMBABU BALMIK,
   PRESENTLY AGED ABOUT 33 YEARS, OCCUPATION: SAFAI
   KARYA, R/O HARIJAN BASTI, PIPE FACTORY KE PASS,
   GOL PAHADIYA, POLICE STATION JANAKGANJ, GWALIOR
   (MADHYA PRADESH)
                                          .....APPELLANTS
(SHRI RAVI DWIVEDI-ADVOCATE FOR THE APPELLANTS)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION JANAKGANJ, DISTRICT GWALIOR (MADHYA
PRADESH)
                                  .....RESPONDENT/STATE
(DR.   ANJALI  GYANANI-PUBLIC   PROSECUTOR    FOR
RESPONDENT/STATE;
SHRI ANSHU GUPTA-ADVOCATE FOR THE COMPLAINANT.

      This appeal coming on for hearing this day, the court

passed the following:

                        ORDER

Present appeal under Section 374(2) of the Code of

Criminal Procedure is directed against the judgment of

conviction and order of sentence dated 29.08.2022 passed by

VIII Additional Sessions Judge, District Gwalior (M.P.) in ST

No.6400169/2015 whereunder each of the appellants has been

convicted for the offence punishable under Section 307 read

with Section 34 IPC and sentenced to undergo RI for seven

years with a fine of Rs.2,000/- with default stipulations.

2. During the course of appeal, it transpired that dispute

between the parties has been amicably settled for which an

application under Section 320 Cr.P.C. (IA.16588/2022) for

permission to compromise in the matter has been moved by the

complainant and vide order dated 18.11.2022 parties were sent

before the Principal Registrar of this Court to record their

statements regard being had to the settlement arrived at

between them amicably.

3. Statements of the parties have, now, been recorded by

the Registrar/OSD under the orders of this Court.

4. Complainant-Deepak Batham @ Vaasi is present in

person before this Court who has duly been identified by his

counsel Shri Anshu Gupta.

5. Placing reliance on the decision of Jetha Ram and

others Vs. State of Rajasthan reported in (2006) 9 SCC 255,

learned counsel for the appellant has sought indulgence for

reducing the custodial sentence of the appellants to the period

already undergone by them.

6. Shri Anshu Gupta, learned counsel for complainant, does

not dispute about the compromise entered into between the

parties. As informed by him, appellants have suffered

incarceration of more than seven months including the period

spent in jail during trial.

7. The offence under Section 307 IPC is not compoundable.

However, it is well settled that though compromise cannot be

recorded for a non-compoundable offence, but the effect of

compromise can be taken into consideration while awarding

the sentence. The appellants have remained in custody for a

period of more than seven months. In my opinion, the ends of

justice would be subserved if the sentence of imprisonment

awarded against the appellants is reduced to the period already

undergone.

8. Accordingly, while maintaining conviction of the

appellants, their sentence of imprisonment is reduced to the

period already undergone by them. The rest of the impugned

judgment is kept intact.

9. The appellants who are in custody are directed to be

released, if not required in connection with any other case.

10. The appeal stands allowed in part to the extent indicated

above.

(ROHIT ARYA) JUDGE pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

DHARK st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff5 661c113046ab7ebb8031c36dcac4472c04 0a, pseudonym=22FE9CB9F7CF0345E7FFAC9 031E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5D6 E42E82477C85878470B30E4A7672CCA52 3E83C0BCB9, cn=PAWAN DHARKAR Date: 2023.01.17 11:42:12 +05'30'