Koksingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7785 MP

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                             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. 676 of 2022

                            BETWEEN:-
                            KOKSINGH S/O SHRI CHOTURAM, AGED ABOUT 42
                            YEARS, GRAM SATERIYA THANA DEHAT, SHIVPURI,
                            DISTRICT- SHIVPURI (MADHYA PRADESH)

                                                                                               .....PETITIONER
                            (BY MS. DIVYANSHI GOYAL - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH THROUGH ARAKSHI
                            KENDRA POHRI DISTRICT SHIVPURI (MADHYA
                            PRADESH)

                                                                                              .....RESPONDENT
                            (BY SHRI APS TOMAR - PANEL LAWYER FOR THE STATE )

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
                                                                 ORDER

Case Diary is perused.

Learned counsel for the rival parties are heard. This revision under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment dated 14.02.2022 passed by 1st Additional District Judge, Shivpuri (M.P.) in Criminal Appeal No.47/2019, whereby judgment of conviction and sentence dated 16.01.2019 passed by JMFC, Shivpuri (M.P.) in Criminal Case No.33/14 has been affirmed by which the applicant was convicted under Section 304-A of IPC and sentenced to suffer

Signature Not Verified two years' RI with fine of Rs.1,000/- with default stipulation. Signed by: VIJAY TRIPATHI Signing time: 5/12/2023 10:01:13 AM

During pendency of this revision filed under Section 397/401 of Cr.P.C., the petitioner and the complainant have filed applications under Section 320(2) & 320 of Cr.P.C. which were registered as I.A. No.4491/2022 stating that they have resolved the dispute amicably and now they do not want to pursue the matter anymore.

This Court, vide order dated 15.03.2022 directed the parties to appear before the Principal Registrar of this Court for recording their statements and for verification of factum of compromise. The Principal Registrar submitted his report on 21.03.2022 itself and verified the compromise.

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, 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.

After hearing the learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of the prosecution in such matters will be a futile exercise which will serve no purpose. Under such a situation, section 397, 401 of Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the Courts below. Moreso, the offence in question is not against the society but merely affects the victim.

Consequent upon the above said facts and that the accused petitioner and the complainant have amicably resolved the issue and they are permitted to Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/12/2023 10:01:13 AM

compound the offences, this Court allows this Criminal Revision with the following directions :-

The judgment dated 14.02.2022 passed by 1st Additional District Judge, Shivpuri (M.P.) in Criminal Appeal No.47/2019, whereby judgment of conviction and sentence dated 16.01.2019 passed by JMFC, Shivpuri (M.P.) in Case No.33/14 are hereby quashed on the basis of compromise. The petitioner is acquitted from all the charges.

The Criminal Revision, accordingly, stands allowed

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/12/2023 10:01:13 AM