Gudde vs The State Of Madhya Pradesh
2023 Latest Caselaw 17221 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. 1745 of 2008

                           BETWEEN:-
                           1.    GUDDE S/O SIBBU AHIRWAR, AGED ABOUT 32
                                 YEAR S , R/O WARD NO.5 P.S. BANDA, DISTT.
                                 SAGAR (MADHYA PRADESH)

                           2.    BHUJBAL S/O PHULLE AHIRWAR, AGED ABOUT 40
                                 YEAR S , R/O WARD NO.5 P.S. BANDA, DISTT.
                                 SAGAR (MADHYA PRADESH)

                           3.    SUDAMA S/O SHIBBU AHIRWAR, AGED ABOUT 26
                                 YEAR S , R/O WARD NO.5 P.S. BANDA, DISTT.
                                 SAGAR (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY MS. GAYATRI LADHIYA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH DISTT. SAGAR
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY MS. HEMLATA KSHATRIYA - PANEL LAWYER)

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

Vide order dated 04.10.2023 this appeal on behalf of appellant Nos.2 & 3 namely Bhujbal and Sudama has been abated.

2. This appeal has been preferred against the judgment dated 11.08.2008 delivered in Sessions Trial No.240/2008 by the learned Sixth Additional Sessions Judge (FTC), District Sagar by which the appellant No.1 was Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/17/2023 3:11:23 PM

convicted for an offence punishable under Section 325/34 of IPC and sentenced to undergo RI for 2 years and fine of Rs.1,000/- with default stipulations.

3. On 06.10.2023 the parties filed I.A. No.24197/2023 under Section 320(1) of Cr.P.C. seeking permission to compound the offence and dispose of the matter on the basis of compromise.

4. This Court on 10.10.2023 had directed that the parties shall appear before the Registrar (J-II) for verification of compromise on the same day. 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.

5. 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 325/34, which is a compoundable offence.

6. Accordingly, in the light of compromise and under the exercise of inherent powers, this Court set-aside the impugned judgment of conviction and sentence so far as it relates to appellant No.1- Gudde and he is acquitted of the charge of Section 325/34 of IPC.

7. The appellant No.1 is in custody. He be released forthwith.

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

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

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

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/17/2023 3:11:23 PM

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/17/2023 3:11:23 PM