Kunj Bihari vs Annoragi Prasad Tiwar
2023 Latest Caselaw 10465 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 10 th OF JULY, 2023
                                          CRIMINAL REVISION No. 854 of 2001

                          BETWEEN:-
                          1.    KUNJ BIHARI S/O CHAMUNDRIKA PRASAD, AGED
                                ABOUT 45 YEARS, OCCUPATION: LDT GRAM
                                SEMARI P.S. AMARPATAN (MADHYA PRADESH)

                          2.    GANESH PRASAD S/O CHAMUNDRIKA PRASAD
                                SEMRI , P.S. AND TEHSIL AMARPATAN (MADHYA
                                PRADESH)

                          3.    RAMRAJ S/O RAM PRASAD, AGED ABOUT 65
                                YEARS, OCCUPATION: CULTIVATOR SEMARI , P.S.
                                AND TEHSIL AMARPATAN (MADHYA PRADESH)

                                                                                       .....APPLICANTS
                          (BY SHRI AMANULLA USMANI - ADVOCATE )

                          AND
                          1. ANNORAGI PRASAD TIWARI S/O BRIJVANSHI RAM
                          BRAHMAN, AGED ABOUT 59 YEARS, OCCUPATION: NOT
                          MENTION SEMARI P.S. AMARPATAN DISTRICT SATNA
                          (MADHYA PRADESH)
                          2. THE STATE OF M.P.

                                                                                    .....RESPONDENTS
                          (BY SHRI RAJESH KUMAR SONI - ADVOCATE FOR RESPONDENT NO.1.
                          SHRI N. S. SOLANKI - PANEL LAWYER FOR RESPONDENT NO.2/ STATE. )

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                            ORDER

The present criminal revision has been filed under Section 397 read with Section 401 of Code of Criminal Procedure challenging the judgment in Criminal Appeal No.81/1998 dated 16.8.2001 passed by Additional Sessions Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/11/2023 12:28:12 PM

Judge, Amarpatan, District Satna , affirming the judgment dated 23.5.1998 passed by the Court of JMFC, Amarpatan, District Satna in Criminal Case No.165 of 1997 whereby, the revisionists have been sentenced with fine of Rs.500/- with default stipulation.

2. During the pendency of the petition, I.A. No.23179/2022 an application under Section 320 of Cr.P.C. for permission to compound the offences has been filed.

3. This Court vide its order dated 7.12.2022 directed Registrar (J-II) to verify the correctness and genuineness of the compromise application and to submit report. In compliance thereof, Registrar (J-II) submitted his verification

report after recording the statement of complainant and applicants on 25.4.2023 stating that that the parties have arrived at compromise voluntarily as the relations between the parties have become very cordial and they intend to maintain such cordial relations in future also.

4. As parties have entered into compromise on their own and have settled their dispute amicably, they are permitted to compound the offence. Accordingly, this revision petition in the light of compromise entered into by the parties, is allowed. Consequently, judgment dated 23.5.1998 passed by JMFC, Amarpatan, District Satna in Criminal Case No.165/1997 (Anuragi Prasad Vs. Kunjbihari and others) and appellate judgment dated 16.8.2001 passed in Cr.A. No.81/1998 - (Kunj Bihari and others Vs. Anuragi Prasad Tripathi and another) by Additional Sessions Judge, Amarpatan, District Satna are set aside and applicants - Kunj Bihar, Ganesh Prasad and Ramraj are acquitted of the offences under Section 323/34 of IPC. They are entitled to receive back the fine amount deposited before the trial Court. Their bail bonds shall stand discharged.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/11/2023 12:28:12 PM

5 . Trial Court record along with a copy of the order be send down to the Court concerned through Sessions Judge, Satna.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/11/2023 12:28:12 PM