Manoj @ Aasharam vs The State Of Madhya Pradesh
2024 Latest Caselaw 21476 MP

Madhya Pradesh High Court

Manoj @ Aasharam vs The State Of Madhya Pradesh on 7 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1                              CRR-4141-2023
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                         BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                  ON THE 7 th OF AUGUST, 2024
                                             CRIMINAL REVISION No. 4141 of 2023
                                             MANOJ @ AASHARAM AND OTHERS
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                         Appearance:
                               Mr. Brijendra Singh Gour - Advocate for the petitioners.
                               Mr. Harish Sharma - Public Prosecutor for the respondent / State.

                               Ms. Ayushi Vyas - Advocate for the complainant.

                                                               ORDER

This revision has been preferred by the petitioners against the judgment dated 05.9.2023 passed by First Additional Sessions Judge, Morena (M.P.) in Criminal Appeal No.121/2023 affirming the judgment of conviction and order of sentence dated 12.4.2023 passed in Criminal Case No.1201800/2014, whereby petitioners have been convicted under Sections 325/34 and 323/34 of IPC to undergo maximum imprisonment of one year with maximum fine of Rs.1000/- with default stipulations.

During pendency of this revision, the petitioners and injured persons namely complainant Jandel, Ramchitra and Ramniwas filed the applications which are I.A.Nos.10814/2024 and 10815/2024 seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid applications, affidavits have also been filed. Counsel for the parties submit that all the parties have entered into compromise according to their own volition and without there being any pressure.

2 CRR-4141-2023 On 21.6.2024, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Registry has filed its report mentioning that parties have arrived at compromise voluntarily, without any threat, inducement and coercion.

Consequent upon the abovesaid facts that the petitioners and respondent No. 2/complainant as well as injured Ramchitra and Ramniwas have amicably resolved the issue and Sections 325 and 323 of IPC are compoundable, I.A.Nos.10814/2024 and 10815/2024 are hereby allowed. The compromise entered into between the parties is accepted as a result of which all offences emanating out of the FIR leading to filing of the instant criminal revision stands annulled. The judgment dated 05.9.2023 passed by the appellate court as well as judgment of conviction and order of sentence dated 12.4.2023 passed by the trial

court are set aside. Resultantly, the petitioners are acquitted of the charges for which they were convicted by the trial court on the basis of compromise. The bail bond and surety of the petitioners shall also stand discharged.

Revision is accordingly disposed off.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS