Nasaruddin Muslman vs The State Of Madhya Pradesh
2024 Latest Caselaw 21511 MP

Madhya Pradesh High Court

Nasaruddin Muslman vs The State Of Madhya Pradesh on 7 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                 1                         CRR-2905-2024
                               IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         BEFORE
                                         HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                    ON THE 7 th OF AUGUST, 2024
                                               CRIMINAL REVISION No. 2905 of 2024
                                                    NASARUDDIN MUSLMAN
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                         Appearance:
                            Shri Ankesh Mishra - Advocate for the applicant.
                            Ms. Samta Jain - Government Advocate for the State.

                                                                   ORDER

In this criminal revision filed under section 397/401 of Cr.P.C. the judgment of conviction and sentence passed on 22.05.2024 in Criminal Appeal No.47/2012 by the Ist Additional Sessions Judge, Deosar, district Singrauli has been assailed. By this judgment, the learned Appellate Court had confirmed the order of conviction and sentence passed on 11.11.2022 by the Judicial Magistrate First Class, Deosar, district Singrauli, in RCT no.101310/2014 wherein he was held guilty of the offence of Section 325 of IPC and was sentenced to one year RI and fine fo Rs.1,000/- with default clause.

2. On 26.07.2024 the parties filed I.A. No.19347/2024 seeking permission

to compound the offence and dispose of the matter on the basis of compromise.

3. This Court on 06.08.2024 had directed that the parties shall appear before the Registrar (J-II) for verification of compromise on the same day. The verification report has been received from that end certifying therein that the parties have arrived at a compromise without any threat, inducement or coercion and the compromise is voluntary.

4. On the basis of said report, this Court is satisfied that the parties have

2 CRR-2905-2024

arrived at a compromise on their free-will and volition. The applicant was convicted and sentenced for the offence punishable under section 325 of IPC by the Courts below, as discussed earlier. The offences of section 325 of IPC is included in the table mentioned under section 320(2) of Cr.P.C. making it compoundable with the permission of the Court.

5. Looking to the fact that a compromise has been reached between the applicant and the injured and it will facilitate to establish good relations between them, the application filed for seeking permission to compromise is allowed in the interest of both the parties and the compromise arrived at voluntarily by them, is acknowledged and accepted.

6. As the matter has been settled through compromise, the impugned judgment passed on 22.05.2024 in Criminal Appeal No.47/2022 by the learned Ist

Additional Sessions Judge, Deosar, district Singrauli is set aside and the applicant is acquitted of the charge levelled against him. Applicant is in custody. Therefore, he be immediately released The fine amount, if any, deposited by the applicant, be refunded to him.

7. Accordingly, the criminal revision stands allowed and disposed of .

(ANURADHA SHUKLA) JUDGE

DevS