Ajay Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 7733 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 11 th OF MAY, 2023
                                           CRIMINAL REVISION No. 1231 of 2023

                          BETWEEN:-
                          AJAY DUBEY S/O SHRI KHACHCHURAM DUBEY, AGED
                          ABOUT 37 YEARS, VIVEKANAND COLONY DABRA
                          (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI DAYA RAM SHARMA- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE THANA DABRA (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI R.S. YADAV- PUBLIC PROSECUTOR FOR STATE AND SHRI JAI
                          PRAKASH KUSHWAH, LEARNED COUNSEL FOR RESPONDENT [COMP])


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

Instant Criminal Revision under Section 379, 401 of CrPC has been preferred by petitioner challenging the judgment dated 16.03.2023 passed by First Additional Sessions Judge Dabra District Gwalior in Cr.A. No.22/2022 by which judgment of conviction and order of sentence dated 28.02.2022 passed by Judicial Magistrate First Class Dabra District Gwalior in criminal case No.1008/2015, by which the petitioner has been convicted under Section 324 of IPC (two counts) and sentenced to undergo 1-1 year rigorous imprisonment with fine of Rs.1,000-1,000/- with default stipulation has been affirmed. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

It is submitted by learned counsel for the revisionist that during pendency of this criminal revision, a compromise took place between complainant- Sandeep Agarwal and present petitioner and now they are on friendly terms. Both the parties have arrived at a compromise voluntarily, without any threat, inducement and coercion. In this regard I.A. No.8296/2023 and I.A. No.8297/2023 have been filed by the complainant and the revisionist separately.

Learned counsel for the petitioner further submits that he does not challenge the finding of conviction recorded by learned trial Court but since the occurrence has taken place as back as in the year 2015, the petitioner has suffered about two months of incarceration, fine amount has already been

deposited by petitioner, therefore, it is prayed that substantive sentence awarded to the petitioner for aforesaid offence may be reduced to the period already undergone by him. In support of their contention, learned counsel for the petitioner has relied on the judgment dated 20-09-2011 passed by a coordinate Bench of this Court in Criminal Appeal No. 315 of 1998[ Keshav and Others vs. State of MP], judgment dated 01-12-2017 passed by Division bench of this Court in Criminal Appeal No. 686 of 2007 [Ramkrishna alias Sanju Sharma and Others vs. State of MP] and the judgments of Hon'ble Supreme Court passed in the case of Murali vs. State represented by Inspector of Police, reported in (2021) 1 SCC 726, wherein the Hon'ble Apex Court in para 12 of its judgment has observed that there is no question of settlement being as a result of any coercion or inducement and considering that the parties are on friendly terms now and they inhabit the same society, this is a fit case for reduction of sentence. Further, in the case of Ishwar Singh vs. State of MP, reported in AIR 2009 SC 675 , the Hon'ble Apex Court has

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

observed that Section 307 of IPC is a non-compoundable offence, the parties have arrived at a compromise and offence cannot be compounded, however, compromise during pendency of the appeal can be considered while awarding sentence considering the fact that the accused was young and first offender, incident was over 15 years old and accused had suffered part of sentence, in these circumstances, the sentence reduced to the period already undergone. Similar view has been held by Hon'ble Supreme Court in the case of Ram Pujan and Others vs. State of Uttar Pradesh, reported in AIR 1973 SC 2418.

O n the other hand, learned counsel for the State has opposed the submissions made by learned counsel for the petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to accused- revisionist nor any compassion or sympathy is called for in the said case.

Considering the aforesaid facts as well as the law laid down by the Hon'ble Apex Court as well as this Court in the above cited judgments, in my opinion, the ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine is enhanced to Rs.10,000/- under Section 324 of IPC (on two counts). Accordingly, while affirming the conviction of the petitioner under Section 324 of IPC (on two counts), jail sentence of the petitioner is reduced to the period already

undergone by him and fine amount is enhanced to Rs.10,000-10,000/- which shall be deposited by the petitioner on adjustment of fine amount already deposited by the petitioner before trial Court, within a period of two months from today. The amount of fine so deposited by the petitioner be given to both injured and complainant i.e. Jitendra Kushwah and Sandeep Agarwal under Section 357 of Cr.P.C. as compensation.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM