Citation : 2023 Latest Caselaw 4956 MP
Judgement Date : 27 March, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 27 th OF MARCH, 2023
CRIMINAL REVISION No. 682 of 2023
BETWEEN:-
1. AMAR SINGH S/O SH. RAMAGYA SINGH, AGED
ABOUT 36 YEARS, VILLAGE KANKHARA P.S.
NAYAGAO DISTRICT BHIND (MADHYA PRADESH)
2. VIRENDRA SINGH S/O SHRI DHANDHU SINGH
RAJAWAT, AGED ABOUT 43 YEARS, VILLAGE
KANKHARA P.S. NAYAGAO DISTRICT BHIND
(MADHYA PRADESH)
.....PETITIONERS
(NONE PRESENT )
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH P.S. NAYAGAO DISTRICT BHIND
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Advocates are abstaining from Court work.
Banwari Singh elder brother of petitioners present in person. T he present Criminal Revision under Section 397/401 of Cr.P.C. has b een filed against the judgment of conviction and order of sentence dated 07.02.2023 passed by Sessions Judge, Bhind in Criminal Appeal No. 01/2022, confirming the judgment of conviction and order of sentence dated 27.12.2021
passed by Judicial Magistrate First Class, Bhind in Criminal Case No.1053/2016, convicting the petitioners under Section under Section 341 of IPC and sentencing them to 15 days simple imprisonment and also convicted under Section 327/34 of IPC and sentencing them to undergo rigorous imprisonment for 1 -1 year R.I. with fine of Rs.500-500 and in default stipulation.
During pendency of this Criminal Revision, I.A. No. 4553/2023 has been filed by the petitioners as well as complainant seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid application, an affidavit has also been filed on behalf of complainant. Counsel
for both the parties submit that both the parties have entered into compromise according to their own volition and without there being any pressure.
For the foregoing reasons, I.A.No.4553/2023 is allowed. This Court deems it appropriate to permit the parties to compound the offence on the basis of compromise entered into between the parties. The judgment of conviction and order of sentence dated 07.02.2023 passed by Sessions Judge, Bhind in Criminal Appeal No. 01/2022 as well as judgment of conviction and order of sentence dated 27.12.2021 passed by Judicial Magistrate First Class, Bhind in Criminal Case No.1053/2016 are set-aside.
Petitioners are acquitted of the charge levelled against them. The petitioners No.1 and 2 are in jail. They be released forthwith.
In view of the above, I.A. No.4553/23 stands disposed of. Consequently, Criminal Revision stands disposed of.
(DEEPAK KUMAR AGARWAL) JUDGE
mani
SUBASRI MANI 2023.03.28 13:14:37 -07'00'
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