Kana And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 7066 MP

                                                 1
               IN         THE    HIGH COURT OF MADHYA PRADESH
                                       AT INDORE
                                            BEFORE
                                HON'BLE SHRI JUSTICE ANIL VERMA
                                       ON THE 1 st OF MAY, 2023
                                 CRIMINAL APPEAL No. 1057 of 2012

              BETWEEN:-
              1.      KANA S/O GOPAL KIR,
                      AGED ABOUT 23 YEARS,

              2.      GOPAL S/O GOVERDHAN KIR,
                      AGED ABOUT 45 YEARS,

                      BOTH R/O: VILLAGE - KAMANPUR, P.S. -
                      BHATPACHLANA, DISTRICT UJJAIN (MADHYA
                      PRADESH)

                                                                            .....APPELLANTS
              (BY SHRI AMAR SINGH RATHORE - ADVOCATE)

              AND
              THE STATE OF MADHYA PRADESH
              THROUGH P.S. BHATPACHLANA,
              DISTT. UJJAIN (MADHYA PRADESH)

                                                                            .....RESPONDENT
              (BY SHRI HEMANT SHARMA - GOVERNMENT ADVOCATE)
              (SHRI ARPIT SINGH - ADVOCATE FOR THE COMPLAINANT)

                      This appeal coming on for admission this day, th e court passed the
             following:
                                                  ORDER

Both the parties have filed a joint application under Section 320(2) r/w Section 482 of Cr.P.C. for compromise.

Counsel for the parties informed that today both the parties are Signature Notpersonally Verified present before this Court, therefore, parties are directed to appear Signed by: TRILOK SINGH SAVNER before the Registrar/OSD of this Court for verification of quantum of the Signing time: 02-May-23 10:30:28 AM

compromise and Registrar/OSD is directed to submit the verification report today itself.

(ANIL VERMA) JUDGE

Late on at 04:25 PM:-

In compliance of the order passed by this Court, OSD/Registrar of this Court has verified the factum of compromise and submitted his report.

As per the report, both the parties have entered into compromise with their free will and there is no undue influence, pressure, force, duress or

coercion on the complainant, who has entered into amicable settlement with the appellants/accused persons.

Offence under Section 325 r/w 34 of IPC is completely compoundable, therefore, IA.No.5695/2023, which is an application under 301(2) of Cr.P.C. as well as compromise petition i.e. IA.No.5697/2023 are allowed and on the basis of compromise petition appellants Kana and Gopal are acquitted from the charges under Section 325 r/w 34 of IPC.

Accordingly, this appeal is allowed and the judgment of conviction dated 24/08/2012 passed by the trial Court is hereby set aside. The appellants are already on bail, therefore, their bail bonds and surety bonds stand discharged.

Let a copy of this order be forwarded along with the record to the concerned trial Court for information and necessary compliance.

Certified copy as per rules.

Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 02-May-23
10:30:28 AM                                                                  (ANIL VERMA)
                                                                                JUDGE





             trilok




Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 02-May-23
10:30:28 AM