Hari @ Hariram vs The State Of M.P.
2023 Latest Caselaw 7583 MP

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                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 9 th OF MAY, 2023
                                             CRIMINAL APPEAL No. 194 of 2005

                            BETWEEN:-
                            1.    HARI @ HARIRAM S/O KISHANLAL, AGED ABOUT
                                  25 YEARS, OCCUPATION: NONE VILLAGE ATA PS
                                  DINARA SHIVPURI (MADHYA PRADESH)

                            2.    PAHLU @ PAHALWAN S/O DARU, AGED ABOUT 54
                                  YEAR S, OCCUPATION: NA GRAM ATA, THANA
                                  DINARA SHIVPURI (MADHYA PRADESH)

                            3.    SARNAM SINGH S/O PAHLU @ PAHALWAN, AGED
                                  ABOUT 28 YEARS, OCCUPATION: NA GRAM ATA,
                                  THANA DINARA SHIVPURI (MADHYA PRADESH)

                            4.    RAJU S/O PAHLU @ PAHALWANN, AGED ABOUT 18
                                  YEAR S, OCCUPATION: NA GRAM ATA, THANA
                                  DINARA SHIVPURI (MADHYA PRADESH)

                            5.    JASSU @ JASRATH S/O PAHLU @ PAHALWAN,
                                  AGED ABOUT 19 YEARS, OCCUPATION: NA GRAM
                                  ATA,  THANA    DINARA SHIVPURI (MADHYA
                                  PRADESH)

                            6.    NANDU S/O PAHLU @ PAHALWAN, AGED ABOUT
                                  20 YEARS, OCCUPATION: NA GRAM ATA, THANA
                                  DINARA SHIVPURI (MADHYA PRADESH)

                                                                                    .....APPELLANTS
                            (BY SHRI J.S.KUSHWAH - ADVOCATE)

                            AND
                            THE STATE OF M.P. INCHARGE PS ARCHI KENDRA
                            DINARA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                            (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR FOR THE STATE)

                                  Th is appeal coming on for hearing this day, t h e court passed the
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 5/10/2023
9:50:03 AM
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                            following:
                                                                 ORDER

This criminal appeal under Section 374 of Cr.P.C assails the judgment dated 10.03.2005 passed by Additional Sessions Judge, Karera, District Shivpuri in Sessions Trial No.94 of 2003, whereby appellants have been convicted under Sections 148, 323/149, 324/149 and Section 307/149 of IPC and sentenced to undergone one year RI, one year RI, two years RI and 7 years RI respectively with fine of Rs.500- 500/- with default stipulations respectively.

Du r in g pendency of this appeal, both the parties have filed I.A.No.9676/19 and IA No.9677/19 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 01.09.2022 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 submitted a report on 06.09.2022 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. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/10/2023 9:50:03 AM

Considering the fact that the complainant and accused have amicably resolved the issue and although all offences except offences under Sections 307/149 and 324/149 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 10.03.2005 passed by Additional Sessions Judge, Karera, District Shivpuri in Sessions Trial No.94 of 2003 is set aside.

In view of the above, appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/10/2023 9:50:03 AM