Suresh And Ors. vs The State Of M.P.
2024 Latest Caselaw 6559 MP

Madhya Pradesh High Court

Suresh And Ors. vs The State Of M.P. on 4 March, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 4 th OF MARCH, 2024
                                             CRIMINAL APPEAL No. 2143 of 2003

                           BETWEEN:-
                           1.    SURESH S/O KALURAM THAKUR AGED ABOUT 20
                                 YEARS,

                           2.    PRAKASH S/O KALURAM THAKUR, AGED ABOUT
                                 30 YEARS,
                                 BOTH R/O GRAM SUND, PS. RAISEN, TEHSIL AND
                                 DISTRICT RAISEN (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                           (BY SHRI NARENDRA NIKHARE - ADVOCATE)

                           AND
                           THE STATE OF M.P.

                                                                                    .....RESPONDENT
                           (BY SHRI MANOJ KUSHWAHA - PANEL LAWYER)

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

Mediation report has been received. As per the mediation report, parties have entered into compromise and application under Sections 320 and 320(2) of Cr.P.C. have been filed before the mediator.

2. As per mediation report dated 24.01.2024 received from Special Judge, SC/ST (POA) Act Raisen, parties have entered into compromise and mediation has been successful.

3. Appellant Suresh and deceased co-accused were convicted for

commission of offence under Section 325 read with Section 34 of IPC by Special Judge, SC/ST (POA) Act and had been sentenced to one-one year R.I. and fine of Rs.500/-, Rs.500/- with default stipulations vide judgment dated 05.12.2003 passed in Special Case No.141/2001 (State of M.P. vs. Suresh and others).

4. An offence under Section 325 of IPC is compoundable with the leave of the Court in case of the appeal, same is compoundable with the leave of the Court before which the appeal is to be heard.

5. As per the compromise application filed before the mediator and verified by the mediator, it is apparent that injured Puran Singh along with his

wife Krishnabai has submitted applications under Sections 320 and 320(2) of Cr.P.C. As one of the accused is already no more and injured have entered into compromise with the appellant No.1 and both are resident of the same place and they have amicably settled their dispute and have given apology to the appellant and they are living together peacefully for more than last 22 years, I am of the view that it would be just and proper in the interest of justice and also in the interest of the society to grant leave to compound the offence. Consequently, leave to compound the offence is granted.

6. As parties have amicably settled their dispute and compromise is voluntarily without any threat or duress, compromise application is allowed. Impugned judgment dated 05.12.2003 passed in Special Case No.141/2001 (State of M.P. vs. Suresh and others) by Special Judge SC/ST (POA) Act Raisen is set aside in the light of compromise between the parties and appellant Suresh is acquitted of the offence under Section 325 read with Section 34 of IPC. His bail bond shall stand discharged. He is entitled to receive back the fine amount if any deposited by him before the trial Court.

7. Trial Court record along with copy of this order be sent down to the trial Court concerned through Sessions Judge Raisen.

(DINESH KUMAR PALIWAL) JUDGE ak