Madhya Pradesh High Court
Munna @ Munna Lal vs The State Of Madhya Pradesh on 10 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
CRIMINAL REVISION No. 3428 of 2023.
BETWEEN:-
MUNNA @ MUNNA LAL S/O HALKAIYA @ HALKU RAM
CASTE : YADAV, AGED 45 YEARS, OCCUPATION :
LABOUR, R/O AARON DISTT. GUNA (MADHYA
PRADESH)
PETITIONER
(SHRI GIRISHI KUMAR - LEARNED COUNSEL FOR THE PETITIONER )
AND
STATE OF MADHYA PRADESH
THROUGH : POLICE STATION AARON
DISTRICT GUNA (MADHYA PRADESH)
.....RESPONDENT
(SHRI NEERAJ DHAMANYA - LEARNED PANER LAWYER FOR THE
RESPONDENT/STATE).
(SHRI ALOK SHARMA, LEARNED COUNSEL FOR THE COMPLAINANT).
--------------------------------------------------------------------------------------
Reserved on : 03.10.2023
Pronounced on : 10.10.2023
This petition having been heard and reserved for judgment,
coming on for pronouncement this day, Justice Sanjeev S Kalgaonkar
pronounced the following:
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 11-10-2023
10:04:35 AM
2
ORDER
1. This Criminal Revision under section 397 read with Section 401 of
Cr.P.C is filed assailing the order dated 22.07.2023 passed by learned
Third Additional Sessions Judge Guna (MP), in Cr. Appeal No.27 of
2020 whereby, the order dated 22.01.2015 of Smt. Shikha Agrawal,
Judicial Magistrate First Class, Tehsil Aaron Distt. Guna passed in RCT
No.200050/2015 convicting the petitioner for offence punishable under
Sections 354(a) and 323 of IPC and sentencing him to undergo RI for two
years with fine of Rs.500/- and RI for one month with fine of Rs.200/-
respectively with default stipulation, was affirmed.
2. Learned trial Court convicted the petitioner/accused vide order
dated 22.01.2015 for offence punishable under Sections 354 and 323 of
IPC and sentenced as stated herein above.
3. Challenging the order dated 22.01.2015 passed by the trial Court,
the petitioner preferred an appeal before learned lower appellate Court
being Cr.Appeal No.27 of 2020 which was dismissed by learned lower
appellate court vide order dated 22.07.2023 affirming the order dated
22.01.2015.
4. Being aggrieved by the order passed by learned lower appellate
court, present criminal revision has been filed challenging the concurrent
judgment of conviction and order of sentence.
5. As per the case of prosecution, on 07.10.2015 at 13:30 hours, the
prosecutrix submitted a typed complaint at Police Station Aron, Guna to
the effect that on the same day, around 8:A.M., she had gone to
agricultural field of Mahendra for labour work. She went to fetch clothes
of her daughter. Suddenly, Munna Yadav caught her hand on road with
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 11-10-2023
10:04:35 AM
bad intention and asked her to play with him. She tried to escape, then
accused Munna Yadva caught hold of her from behind and pressed her
breast. She shouted. Accused Munna slapped her and fled away. She went
to her husband and narrated the incident. On such allegations Police
Station Police Station Aron registered FIR in Crime No. 463 of 2014 for
offence punishable under Sections 354(a) and 323 of IPC. On completion
of investigation, charge sheet was filed. After trial, the accused was
convicted and sentenced as aforementioned.
6. During pendency of this criminal revision, I.A. Nos.16518/2023
and 16519 of 2023 under Sections 320 and 320 (2) of Cr.P.C respectively
have been filed jointly on behalf of the petitioner as well as complainant
mentioning therein that both the parties are members of same family and
have settled their dispute amicably with the help of respected people of
the village. Now, there remains no dispute between them. Therefore, they
have decided not to proceed further in the case against each other.
Hence, both the parties pray that the impugned judgments of the Courts
below be set aside and the petitioner/revisionist be acquitted in view of
the compromise arrived at between the parties.
7. In support of their contentions, learned counsel for the parties
placed reliance upon the judgment passed by Hon'ble Supreme Court in
Narinder Singh and Others Vs. State of Punjab and Another reported in
2014 Legal Eagle (SC) 223 and by coordinate Benches of this Court in
Shalendra Kumar Rai Vs. State of M.P. And Another (M.Cr.C.No.27779
of 2017 on 17.05.2019), Sandeep Singh Tomar Vs. State of M.P. And
Another reported in 2019 Legal Eagle (MP) 176 and Chaturdas Baba Vs.
State of M.P. And Others reported in 2016 Legal Eagle (MP) 821.
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 11-10-2023
10:04:35 AM
8. The record reveals that both the parties are resident of same village
and related to each other. Almost, nine years have passed from the
incident. Both the parties have amicably settled the issue and wish to
proceed with the life. They wish to accord a quietus to the dispute . In
such a scenario, further jail imprisonment may disrupt the peace and
harmony between the families. There is no allegation of misdemeanour
against the petitioner before during or after the trial. The alleged offence
has no bearing on public order or social fabric.
9. In view of aforesaid compromise and settlement of dispute coupled
with the law laid down by Supreme Court and by coordinate Bench of
this Court, this Court is of the view that no useful purpose would be
served in maintaining the conviction and sentencing the petitioner for two
months RI. Therefore, I.A. Nos.16518/2023 and 16519 of 2023 jointly be
both the parties under Sections 320 and 320 (2) of Cr.P.C respectively are
allowed and the judgment dated 22.07.2023 passed by learned Third
Additional Sessions Judge Guna (MP) in Cr. Appeal No.27 of 2020 and
the order dated 22.01.2015 passed by Smt. Shikha Agrawal, Judicial
Magistrate First Class, Tehsil Aaron Distt. Guna in RCT No.200050/2015
convicting the petitioner for offence punishable under Sections 354 and
323 of IPC and sentencing him to undergo RI for two years with fine of
Rs.500/- and RI for one month with fine of Rs.200/- respectively are
hereby set aside. The petitioner is acquitted. (Ramgopal and Anr. Vs.
State of M.P. Order dated 29.09.2021 in Cr.A.No.1489 of 2012 relied
upon)
10. The petitioner be released forthwith if his incarceration is not
required in any other case.
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 11-10-2023
10:04:35 AM
11. Let a copy of the order passed today be sent to the Court below for
information and compliance.
12. The Criminal Revision is accordingly disposed off.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Rks/Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 11-10-2023
10:04:35 AM
