Sheikh Altaf vs The State Of Madhya Pradesh
2023 Latest Caselaw 17219 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                             ON THE 16 th OF OCTOBER, 2023
                                            CRIMINAL APPEAL No. 2012 of 2008

                           BETWEEN:-
                           1.    SHEIKH ALTAF S/O SHEIKH LATEEF, AGED ABOUT
                                 19   YEARS, MULTAI DI. BETUL (MADHYA
                                 PRADESH)

                           2.    LATEEF S/O SHEIKH RASHEED, AGED ABOUT 37
                                 YEARS, MULTAI DI. BETUL (MADHYA PRADESH)

                           3.    AZIZ S/O SHEIKH RASHEED, AGED ABOUT 35
                                 YEAR S, R/O MULTAI DISTT. BETUL (MADHYA
                                 PRADESH)

                           4.    SHEIKH SAFI S/O SHEIKH MOHAMMAD, AGED
                                 ABOUT 35 YEARS, R/O MULTAI DISTT. BETUL
                                 (MADHYA PRADESH)

                           5.    SHEHNAZ W/O SHEIKH LATEEF, AGED ABOUT 35
                                 YEAR S, R/O MULTAI DISTT. BETUL (MADHYA
                                 PRADESH)

                                                                                    .....APPELLANTS
                           (NONE PRESENT)

                           AND
                           THE STATE OF MADHYA PRADESH PS. A.J.K. DI. BETUL
                           (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                           (BY SHRI PRASANJEET CHATTERJEE - PANEL LAWYER)

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

This appeal under Section 374(2) is filed against the judgment dated

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 3:05:53 PM

31.07.2008 passed by Special Judge, SC/ST (POA) Act, Betul (M.P.) in Special Case No.106/2006 whereby the appellants are convicted for the offence under Section 323 of IPC sentencing them to pay fine of Rs.1,000/-, with default stipulation.

2. During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 04.09.2023 referred the matter to Principle District and Sessions Judge, Betul to appoint a trained mediator because the matter appeared to be of the nature which could be settled through mediation.

3. As per the report received from the learned Principle District and

Sessions Judge, Betul dated 07.10.2023, the mediation was successful. Report of mediator (Shri Pooran Chandra Gupta) learned Principal Judge, Family Court, Betul is annexed therewith. This report endorses that a compromise agreement has taken place between the parties and the complainant/injured do not want any further proceeding in the case. The injured in this case were Kailash and Geeta, who appeared before the mediator and settled the dispute.

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 Sheikh Altaf, Lateef, Aziz, Sheikh Safi and Shehnaz are acquitted of the charges of offence punishable under Sections 323 of IPC.

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

6. They are released on bail. Their bail bonds are discharged.

7. A copy of this order alongwith the record be sent to the concerned Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 3:05:53 PM

trial court.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/19/2023 3:05:53 PM