Citation : 2023 Latest Caselaw 831 MP
Judgement Date : 13 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 13 th OF JANUARY, 2023
CRIMINAL REVISION No. 1695 of 2004
BETWEEN:-
UMAKANT CHATURVEDI S/O BHEEMSEN CHATURVEDI,
AGED ABOUT 26 YEARS, OCCUPATION: NIL VILLAGE
DOMA ,P.S. CHORHATA, DISTRICT REWA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI JAIDEEP KAURAV - ADVOCATE APPEARS ON BEHALF OF SHR
ALOK PATHAK - ADVOCATE)
AND
THE STATE OF M.P. THROUGH P.S. CHORHATA REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K.S. PATEL - PANEL LAWYER FOR STATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
Heard on I.A.No.10797/2022, which is joint application under Section 320 of Cr.P.C. for compounding of offence for applicant No.1- Umakant Chaturvedi.
The petitioner has filed this criminal revision under Section 397 read with Section 401 of the Cr.P.C. being aggrieved by the order dated 06.11.2004, passed in Criminal Appeal No.123/2004 by the learned Signature Not Verified SAN
Special Judge and Additional Sessions Judge, Rewa, whereby he has been Digitally signed by NITESH PANDEY Date: 2023.01.13 18:40:55 IST
convicted for offence punishable under Section 325 of IPC and sentenced
to undergo simple imprisonment for 01 year with fine of Rs.500/- with default stipulation.
Both the parties have settled their dispute amicably and without any pressure, influence and undue pressure.
Earlier, vide order dated 04.07.2022, this Court has sent the record to the Registrar (J-II) of this Bench for verification of factum of the compromise and on 04.07.2022 both the parties were appeared before the Registrar (J-II), who has further verified the factum of compromise whereby Section 325 of IPC has been found to be compoundable as per
table provided in Section 320(2) of Cr.P.C.
Learned counsel for the applicant No.1 submits that complainant- Pannalal Pandey and appellant No.1-Umakant Chaturvedi have resolved their dispute between themselves. Compromise between the parties has also been verified by the Registrar (J-II).
I have perused the impugned judgment and record of the Court Since the offence under Section 325 of IPC is compoundable with the permission of the Court, in these circumstances, compromise application filed by the parties is verified and accepted.
Consequently, applicant No.1-Umakant Chaturvedi is acquitted to the offence punishable under Section 325 of IPC. Appellant No.2-Ashok Chaturvedi has already been acquitted on the basis of compromise on 06.05.2014 and appellant No.3-Ugrasen Chaturvedi has died, therefore, the proceedings against the appellant No.3 has already been abated. Signature Not Verified SAN
Let a copy of this order be sent to the Courts below for record and Digitally signed by NITESH PANDEY Date: 2023.01.13 18:40:55 IST
necessary action.
Registry is also directed to send back the original record of the Courts below to the concerned courts.
With the aforesaid, the criminal revision stands disposed of.
(RAJENDRA KUMAR (VERMA)) JUDGE Nitesh
Signature Not Verified SAN
Digitally signed by NITESH PANDEY Date: 2023.01.13 18:40:55 IST
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