Mahendra Singh vs State Of M.P.
2023 Latest Caselaw 7305 MP

                                                     1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 4 th OF MAY, 2023
                                        CRIMINAL APPEAL No. 537 of 2005

                         BETWEEN:-
                         1.    MAHENDRA SINGH S/O GOPAL KUSHWAH, AGED
                               ABOUT 21 YEARS, RESIDENT OF VILLAGE
                               TALPURA SIMARIYA P.S. DABRA, DISTRICT
                               GWALIOR (MADHYA PRADESH)

                         2.    GOPAL S/O HALKE KUSHWAH, AGED ABOUT 40
                               YEARS, OCCUPATION: NA RESIDENT OF GRAM
                               TALPURA SIMRIYA AARAKSHI KENDRA DABRA,
                               DISTRICT GWALIOR (MADHYA PRADESH)

                         3.    SANTOSH S/O GOPAL KUSHWAH, AGED ABOUT 24
                               YEARS, OCCUPATION: NA RESIDENT OF GRAM
                               TALPURA SIMRIYA AARAKSHI KENDRA DABRA,
                               DISTRICT GWALIOR (MADHYA PRADESH)

                         4.    ASHOK S/O PATIRAM KUSHWAH, AGED ABOUT 21
                               YEARS, OCCUPATION: NA RESIDENT OF GRAM
                               TALPURA SIMRIYA AARAKSHI KENDRA DABRA,
                               DISTRICT GWALIOR (MADHYA PRADESH)

                         5.    DULANE   @   RAMDULARE    S/O  PATIRAM
                               KUSHWAH,   AGED    ABOUT    29   YEARS,
                               OCCUPATION: NA GRAM TALPURA SIMRIYA
                               AARAKSHI KENDRA DABRA (MADHYA PRADESH)

                         6.    CHANDU @ CHANDRABHAN S/O PATIRAM
                               KUSHWAH,   AGED    ABOUT   27   YEARS,
                               OCCUPATION: NA GRAM TALPURA SIMRIYA
                               AARAKSHI KENDRA DABRA (MADHYA PRADESH)

                                                                          .....APPELLANTS
                         (SHRI AYUSH SAXENA- LEARNED COUNSEL FOR THE APPELLANTS)

                         AND
                         STATE OF M.P. INCHARGE POLICE STATION P.S.
                         DABRA, DISTRICT GWALIOR (MADHYA PRADESH)

Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/4/2023
6:45:12 PM
                                                            2
                                                                                       .....RESPONDENT
                         (SHRI RAJENDRA SINGH YADAV- LEARNED COUNSEL FOR THE
                         RESPONDENT- STATE AND SHRI ML YADAV- LEARNED COUNSEL FOR
                         THE COMPLAINANT )

                               This appeal coming on for HEARING this day, the court passed the
                         following:
                                                            ORDER

This criminal appeal under Section 374 of Cr.P.C assails the judgment dated 13-08-2005 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No.45 of 2004, whereby appellant no.1 Mahendra Singh has been convicted under Section 307 of IPC and sentenced to undergon seven years RI with fine of Rs.250/-, six months RI for offence

under Section 148 of IPC, three-three years RI with fine of Rs.250-250 for offence under Section 325/149 of IPC (on two counts) and one-one month RI for offence under Section 323/149 of IPC (three counts) whereas rest of appellants have been convicted under Section 307/149 of IPC and sentenced to undergo seven - seven years RI with fine of Rs. 250-250, three-three months RI for offence under Section 147 of IPC, three-three years RI with fine of Rs.250- 250 for offence under Section 325/149 of IPC and one-one month RI for offence under Section 323/149 of IPC with default stipulations respectively.

During pendency of this appeal, both the parties have filed I.A.No.2530/12 and IA No.2531/12 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 accused and complainant/victim.

In compliance of the order dated 08-08-2012 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of accused as well as complainant and has Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/4/2023 6:45:12 PM

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, both IAs are allowed. Considering the fact that the complainant and accused have amicably resolved the issue and although all offences except offences under Sections 307 and 148 of IPC being compoundable, therefore, in the light of aforesaid judgments of Hon'ble Apex Court, with the permission of the Court, this Court allows this Criminal Appeal. The judgment of conviction and order of sentence dated 13-08-2005 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No.45of 2004 is set aside.

In view of the above, appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/4/2023 6:45:12 PM