Mukesh Tiwari @ Chaube vs The State Of Madhya Pradesh
2023 Latest Caselaw 921 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 16 th OF JANUARY, 2023
                                           CRIMINAL APPEAL No. 4773 of 2022

                          BETWEEN:-
                          1.    MUKESH TIWARI @ CHAUBE S/O LT VIJAY B
                                BENDAL TIWARI, AGED ABOUT 50 YEARS,
                                CHAUKI DHARAI PS DEHAT (MADHYA PRADESH)

                          2.    RAMSHARAN @ KHACHERU TIWARI S/O
                                MUKESH TIWARI, AGED ABOUT 24 YEARS,
                                CHOWKI DHARAI PS DEHAT, BHIND (MADHYA
                                PRADESH)

                          3.    HARISHARAN @ MICCH SHARMA (TIWARI) S/O
                                MUKESH TIWARI, AGED ABOUT 21 YEARS,
                                CHOWKI DHARAI DEHAT BHIND (MADHYA
                                PRADESH)

                                                                                    .....APPELLANTS
                          (BY SHRI MURARI LAL YADAV - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION P.S. CITY KOTWALI DIST. BHIND (MADHYA
                          PRADESH)

                                                                                   .....RESPONDENT
                          (BY SHRI MAHENDRA SINGH RAWAT, LEARNED COUNSEL FOR THE
                          RESPONDENTS )

                                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 20.05.2022 passed by the Sessions Judge, District Bhind in Case No.218/2021, whereby the appellant has been convicted under Sections 323/34 Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/17/2023 9:34:57 AM

of IPC and sentenced to undergo R.I. for three months with fine of Rs.1000/- and under Sections 326/34 of IPC and sentenced to undergo R.I. for three years with fine of Rs.3000/- respectively with default stipulation.

During pendency of this appeal, both the parties have filed I.A.No. 16793/2022 and I.A.No.16795/2022, 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 appellant/accused and the complainant/victim.

In compliance of the order dated 06.12.2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this

Court, who has recorded statement of appellant as well as complainant and has submitted a report that the parties have arrived at compromise voluntarily without any fear or force.

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.16793/2022 and I.A.No.16795/2022 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 20.05.2022 passed by the Sessions Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/17/2023 9:34:57 AM

Judge, Dist. Bhind in Case No.218/2021 is set-aside .

In view of the above, appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/17/2023 9:34:57 AM