Devendra @ Devji vs The State Of Madhya Pradesh
2023 Latest Caselaw 19121 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 9 th OF NOVEMBER, 2023
                                            CRIMINAL APPEAL No. 9249 of 2023

                          BETWEEN:-
                          DEVENDRA @ DEVJI S/O SHRI KISHANLAL MEWADA,
                          AGED ABOUT 25 YEARS, R/O LANGAPURA ASHTA
                          POLICE STATION ASHTA DISTRICT SEHORE (MADHYA
                          PRADESH)

                                                                                           .....APPELLANT
                          (BY MS. RASHI DUA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION PARVATI DISTRICT SEHORE (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI RAM MILAN SAKET - ADVOCATE FOR OBJECTOR)

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

This appeal has been preferred against the judgment dated 01.07.2023 delivered in Sessions Trial No.116/2022 by the learned Second Additional Sessions Judge, Ashta, District- Sehore by which the appellant was convicted for an offence unishable under section 326/34 of IPC and sentenced to undergo RI for 5 years and fine of Rs.2,000/- with default stipulations.

2. On 28.10.2023 the parties filed I.A. No.26053/2023 seeking permission to compound the offence and dispose of the matter on the basis of compromise.

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/9/2023 7:35:05 PM

3. This Court on 31.10.2023 had directed that the parties shall appear before the Registrar (J-II) for verification of compromise on the 01.11.2023. 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 coercion 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 offences punishable under section 326/34, which is a non-compoundable offence.

5. Now, the question that arises for decision is whether permission to

compromise can be granted in a non-compoundable offence of Section 326 of IPC. On this aspect, the legal position is settled by the decisions of Hon'ble Supreme Court that inherent powers of Section 482 Cr.P.C. can be exercised concurrently with the appellate and revisional jurisdiction and that while hearing the appeal against conviction under an offence which is of non- compoundable nature, the High Court may not be competent to permit compounding of the offence, but High Court may quash the proceedings in such cases. For this, decision in Popular Muthiah Vs. State represented by Inspector of Police reported in 2006 (7) SC 296 and Shiji @ Pappu & others Vs. Radhika & anr. reported in (2011) 100 SCC 705 (Criminal Appeal No.2094/2011) can be referred to.

6. It has also been held in case of Shiji (supra) that the inherent powers under Section 482 of Cr.P.C. have to be exercised with utmost care and caution and only sparingly for securing the ends of justice. The matter in hand involves a personal dispute and does not have the dimensions to affect the public

Signature Not Verified interest. Parties have amicably settled the matter between them. It can be Signed by: DEVESH K SHRIVASTAVA Signing time: 11/9/2023 7:35:05 PM

apprehended that if the dispute is allowed to linger on between them, it would disturb their harmonious relationship and may become the cause of further rift. Looking to the nature of dispute, it is deemed appropriate to invoke the inherent powers under Section 482 of Cr.P.C. here. Accordingly, the conviction of appellant under Section 326/34 of IPC is hereby quashed.

7. Accordingly, in the light of compromise and under the exercise of inherent powers, this Court sets aside the impugned judgment of conviction and sentence so far as it relates to appellant Devendra @ Devji and he is acquitted of the charge of Section 326/34 of IPC.

8. He is in custody. He be released forthwith.

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

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

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

(ANURADHA SHUKLA) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/9/2023 7:35:05 PM