Jagmohan vs The State Of Madhya Pradesh
2024 Latest Caselaw 6564 MP

Madhya Pradesh High Court

Jagmohan vs The State Of Madhya Pradesh 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. 2242 of 2008

                          BETWEEN:-
                          JAGMOHAN S/O S/O NANDU LODHI, AGED ABOUT 35
                          Y E A R S , R/O BANIYANI    P.S.JUJHARNAGAR,
                          CHHATARPUR. (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (NONE)

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

                                                                                      .....RESPONDENTS
                          (BY SHRI N. S. SOLANKI - PANEL LAWYER )

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

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

dated 24.9.2008 passed by Sixth Additional Sessions Judge, Chhatarpur (M.P.) in S.T. No.205/2004 whereby the appellant was convicted and sentenced for commission of offence offence under Section 325 of IPC.

2. During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 16.10.2023 referred the matter to Principle District and Sessions Judge, Chhatarpur 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 6th Additional Sessions Judge, Chhatarpur dated 07.12.2023, the mediation was successful. Report of mediator learned 6th Additional Sessions Judge, Chhatarpur is annexed. As per the report, compromise agreement to o k place between the parties and the complainant/injured expressed his non-willingness to proceed any further in the case. The complainant/injured in this case was Indrajeet and accused Jagmohan Rajput who appeared before the mediator and settled the dispute.

4. After due consideration of mediation report, it appears that parties have made this settlement without any threat, inducement or coercion, therefore, the instant criminal appeal is allowed and impugned judgment dated 24.9.2008

passed in S.T. No.205/2024 (State of M.P. Vs. Jagmohan and others) and the conviction of appellant - Jagmohan under Section 325 of IPC and sentence of R.I. of 01 year with fine of Rs.2000/- is hereby set aside. Appellant Jagmohan is acquitted of the offence punishable under Section 325 of IPC.

5. The fine amount, if any, deposited by the appellant shall be returned to him.

6. The appellant is on bail. His bail bonds are discharged.

7. A copy of this order along with the record be sent down to the concerned trial Court.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra