Budhai vs The State Of M.P.
2023 Latest Caselaw 18967 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                            ON THE 8 th OF NOVEMBER, 2023
                                           CRIMINAL APPEAL No. 836 of 2004

                          BETWEEN:-
                          BUDHAI, S/O JHADULAL AHIR,
                          AGED ABOUT 41 YEARS, R/O
                          VILLAGE-DONGAR MANDLA,
                          POLICE STATION-GHURGHHARI,
                          DISTRICT-MANDLA (MADHYA PRADESH)

                                                                                      .....APPELLANT
                          (BY MR. PARITOSH TRIVEDI - ADVOCATE)

                          AND
                          1. THE STATE OF M.P. THROUGH
                          POLICE STATION-GHUGHRI,
                          TEHSIL AND DISTRICT-MANDLA
                          (MADHYA PRADESH);

                          2. GANESH PRASAD, S/O
                          AGHAN SINGH, AGED ABOUT-
                          45 YEARS, R/O DONGAR, POST-
                          RAMHEPUR, TAHSIL AND DISTRICT-
                          MANDLA (MADHYA PRADESH).

                                                                                   .....RESPONDENTS
                          (MR. ANUP SONKAR - PANEL LAWYER FOR STATE & MR. ADITYA VYAS -
                          ADVOCATE FOR COMPLAINANT/RESPONDENT NO.2)

                                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 24.04.2004 passed in Special Case No.62/2003 by the learned Special Judge Mandla, District-Mandla (M.P.) by which the appellant was convicted for the offence punishable under Section 325 of the Indian Penal Code and has been sentenced Signature Not Verified Signed by: JULIE SINGH Signing time: 11/9/2023 7:48:25 PM

to undergo R.I. for two years and a fine of Rs.2,000/-, with default stipulation.

2. On 07.11.2023 the parties filed I.A. No.26974/2023 under Section 320 along with an application under Section 320(2) of the Code of Criminal Procedure seeking permission to compound the offence and dispose of the matter on the basis of compromise.

3. This Court on 07.11.2023 had directed the parties to appear before the Registrar (J-II) for verification of compromise. The verification report was received on that date itself, in which it has been certified that the parties have arrived at a compromise without any threat, inducement or pressure and the compromise is voluntarily.

4. On the basis of that report, this Court is satisfied that the parties have arrived at a compromise on their free-will and volition. The appellant was convicted and sentenced for the offence punishable under section 325, which is a compoundable offence.

5. Accordingly, in the light of compromise and as per the provision of Section 320(8) of the Code of Criminal Procedure, this Court set-aside the impugned judgment of conviction and sentence to appellant-Budhai and he is acquitted of the charge of Section 325 of the Indian Penal Code.

6. The appellant is in jail. He shall be released forthwith from jail if not required in any other case and his bail bonds are discharged with immediate effects.

7. Fine amount, if any, paid by him shall be refunded to him.

8. Accordingly, this criminal appeal stands allowed and disposed of.

9. Let the copy of this order be sent to the concerned trial Court for necessary compliance.

Signature Not Verified Signed by: JULIE SINGH Signing time: 11/9/2023 7:48:25 PM

(DEVNARAYAN MISHRA) JUDGE julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 11/9/2023 7:48:25 PM