Parsu @ Parasram vs The State Of Madhya Pradesh
2023 Latest Caselaw 18285 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                    HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                           ON THE 1 st OF NOVEMBER, 2023
                                         CRIMINAL APPEAL No. 1123 of 2008

                          BETWEEN:-
                          1.    PARSU @ PARASRAM S/O S/O SUKHALAL
                                AHIRWAR, AGED ABOUT 35 YEARS, VILL.
                                MADHORI,DI. TIKAMGARH (MADHYA PRADESH)

                          2.    BOOTHA @ GANPAT AHIRWAR S/O CHENCHE
                                AHIRWAR, AGED ABOUT 30 YEARS, OCCUPATION:
                                CULTIVATOR VILL. MADHORI,DI. TIKAMGARH
                                (MADHYA PRADESH)

                          3.    JAGDISH S/O CHAUDE YADAV, AGED ABOUT 26
                                Y E A R S , OCCUPATION: CULTIVATOR VILL.
                                CHANDERA,PS.LIDHORA,DIST.TIKAMGRH
                                (MADHYA PRADESH)

                          4.    DURJAN S/O CHAUDE YADAV, AGED ABOUT 35
                                Y E A R S , OCCUPATION: CULTIVATOR VILL.
                                CHANDERA,PS.LIDHORA,DIST.TIKAMGARH
                                (MADHYA PRADESH)

                          5.    NATHUWA @ NAUWA @ NARAYAN DAS S/O
                                CHENCHE AHIRWAR, AGED ABOUT 40 YEARS,
                                OCCUPATION:        CULTIVATOR     R/O
                                MADHORI,PS.JATARA,DIST.TIKAMGARH
                                (MADHYA PRADESH)

                          6.    BARELAL S/O SARMAN RAJAK, AGED ABOUT 40
                                Y E A R S , OCCUPATION:   CULTIVATOR  VILL.
                                MADHORI,PS.JATARA       &   DIST.TIKAMGARH
                                (MADHYA PRADESH)

                          7.    SUKDO @ SUKELI @ DEVENDRA S/O MALKHAN
                                AHIRWAR, AGED ABOUT 22 YEARS, OCCUPATION:
                                CULTIVATOR                          VILL.
                                MADHORI,PS.JATARA,DIST.TIKAMGRH
                                (MADHYA PRADESH)

                          8.    SANTOSH S/O MALKHAN AHIRWAR, AGED
                                ABOUT 22 YEARS, OCCUPATION: CULTIVATOR
                                VILL.     MADHORI,PS.JATARA        AND
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11/2/2023
10:22:04 AM
                                                      2
                                DIST.TIKAMGARH (MADHYA PRADESH)

                          9.    MALKHAN S/O RANGLE AHIRWAR, AGED ABOUT
                                50         YEARS, OCCUPATION:      SERVICE
                                JARUA,PS.JATARA    AND    DIST.TIKAMGARH
                                (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI S.A. WAKIL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THR.P.S. JATRA P.S.
                          JATRA DI.TIKAMGARH (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI PRASANJEET CHATERJEE - PANEL LAWYER)

                                Reserved on              : 30.10.2023.

                                Pronounced on            : 01.11.2023.

                                This appeal having been heard and reserved for judgment, coming on
                          for pronouncement this day, the court passed the following:
                                                               JUDGMENT

This appeal has been preferred against the judgment dated 09.05.2008 delivered in ST No.182/2005 by the learned Special Sessions Judge, district Tikamgarh by which each of the appellants were convicted for the offences punishable under Section 148 and 325/149 of IPC and were sentenced to undergo R.I. for one year with a fine of Rs.500/- and RI for 3 years and fine of Rs.2,500/- respectively, with default stipulations.

2 . During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 04.09.2023 had referred the matter for mediation.

3. As per the report received from the learned Sessions Judge, District Tikamgarh dated 04.10.2023 the mediation is successful. Report of mediator Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/2/2023 10:22:04 AM

(Smt. Geeta Solanki) learned I Additional Sessions Judge is annexed therewith. This report intimates that a compromise has taken place between the parties.

4. After due consideration of mediation report, it appears that parties have arrived at compromise with their own free will and no coercion or inducement was exercised to arrive at amicable settlement between them. Therefore, the instant criminal appeal is allowed and appellants are acquitted from the charges of offence punishable under Sections 325/149 and 148 of IPC.

5. The fine amount, if any, deposited by the appellants shall be returned to them.

6. The bail bonds of appellants are discharged.

7. A copy of this order alongwith the record be sent to the concerned trial court.

Certified copy, as per rules.

(ANURADHA SHUKLA) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/2/2023 10:22:04 AM