Raghavendra Singh @ Babu Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18653 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                            ON THE 6 th OF NOVEMBER, 2023
                                           CRIMINAL APPEAL No. 311 of 2008

                          BETWEEN:-
                          1.    RAGHAVENDRA SINGH @ BABU SINGH S/O S/O
                                LATE PRATAP SINGH CHOUHAN, AGED ABOUT 36
                                Y E A R S , RASUIYABHATAN PS. CIVIL LINES
                                CHHATARPUR (MADHYA PRADESH)

                          2.    GOPAL SINGH S/O LATE PRATAP SINGH
                                CHOUHAN,   AGED      ABOUT     47  YEARS,
                                RASUIYABHATAN PS. CIVIL LINES CHHATARPUR
                                (MADHYA PRADESH) (SINCE DEAD)

                          3.    NEELU SINGH S/O KEDAR SINGH, AGED ABOUT 19
                                Y E A R S , RASUIYABHATAN PS. CIVIL LINES
                                CHHATARPUR (MADHYA PRADESH)

                          4.    BABLU SINGH S/O LALA BHAIYA SINGH, AGED
                                ABOUT 23 YEARS, RASUIYABHATAN PS. CIVIL
                                LINES CHHATARPUR (MADHYA PRADESH)

                                                                                   .....APPELLANTS
                          (NONE PRESENT)

                          AND
                          THE STATE OF MADHYA PRADESH THR; PS. AJK
                          CHHATARPUR (MADHYA PRADESH)

                                                                                   .....RESPONDENT
                          (BY SMT. VINITA SHARMA - PANEL LAWYER)

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                           ORDER

This appeal has been preferred against the judgment dated 09.01.2008 delivered in SC No.98/2006 by the learned Special Judge, Scheduled Castes Signature Not Verified Signed by: POONAM MANEKAR Signing time: 11/8/2023 3:11:10 PM

and Scheduled Tribes (Prevention of Atrocities) Act , district Chhatarpur by which each of the appellants were convicted for the offences punishable under Sections 342 (2 counts) & 323/34 of IPC with a fine of Rs.2,000/-, with default stipulations.

2 . During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 28.08.2023 had referred the matter for mediation.

3. As per the report received from the learned Sessions Judge, District Chhatarpur dated 05.10.2023 the mediation is successful. Report of mediator (Shri N. M. Singh Meena) VI District and Additional Sessions Judge,

Chhatarpur is annexed therewith. According to this report, appellant Gopal Singh died during the pendency of appeal on 10.09.2021. This report also intimates that a compromise has taken place between the remaining appellants and victims.

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 reach to this amicable settlement between them. Therefore, the instant criminal appeal is allowed and appellants are acquitted of the charges of offence punishable under Sections 342 & 323/34 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.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 11/8/2023 3:11:10 PM

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 11/8/2023 3:11:10 PM