Ramakant vs The State Of Madhya Pradesh
2024 Latest Caselaw 6566 MP

Madhya Pradesh High Court

Ramakant 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. 1196 of 2006

                          BETWEEN:-
                          1.    RAMAKANT S/O RAMLAKHAN TIWARI, AGED
                                ABOUT 24 YEARS, VIL-KAITHI,PS. PAWAI,PANNA
                                (MADHYA PRADESH)

                          2.    RAMKHILAWAN S/O RAMDAS TIWARI, AGED
                                ABOUT 38 YEARS, VIL-KAITHI,PS. PAWAI,PANNA
                                (MADHYA PRADESH)

                          3.    KEDAR NATH S/O RAMKISHAN TIWARI, AGED
                                ABOUT 38 YEARS, VIL-KAITHI,PS. PAWAI,PANNA
                                (MADHYA PRADESH)

                          4.    ARJUN S/O RAMKISHAN TIWARI, AGED ABOUT 32
                                YEARS, VIL-KAITHI,PS. PAWAI,PANNA (MADHYA
                                PRADESH)

                          5.    DILIP KUMAR S/O GANGARAM TIWARI, AGED
                                ABOUT 22 YEARS, VIL-KAITHI,PS. PAWAI,PANNA
                                (MADHYA PRADESH)

                                                                                   .....APPELLANTS
                          (NONE )

                          AND
                          THE STATE OF MADHYA PRADESH THR-PS.PAWAI,
                          PANNA (MADHYA PRADESH)

                                                                                   .....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:
                                                        JUDGMENT

T his appeal under Section under Section 374(2) is filed against the

impugned judgment dated 20.05.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Panna (M.P.) in Special Case No.3/2004 whereby the appellants were convicted for the offence under Sections 147 and Section 323 read with Section 149 (on 04 counts) of IPC.

2. During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 14.08.2023 referred the matter to Principle District and Sessions Judge, Panna t o 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 Principal District and

Sessions Judge, Panna dated 8.9.2023, the mediation was successful. Report of mediator learned Secretary, Legal Aid, District Panna is annexed. As per the report, compromise agreement t o o k place between the parties and the complainant/victim expressed his non-willingness to proceed any further in the case. The complainant/injured in this case was Kamlesh Kumar and accused Ramakant, Ramkhilawan, Kedarnath, Arjun and Dilip Kumar 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 20.5.2006 passed in Special Case No.3/2004 (State of M.P. Vs. Ramakant and others) and their conviction under Section 147 of IPC and sentence of fine of Rs.500/- with default stipulation and under Section 323 read with Section 149 (on four counts) of IPC and sentence of fine of Rs.1000/- with default stipulations are hereby set aside. Appellants Ramakant, Ramkhilawan, Kedarnath, Arjun and Dilip Kumar are acquitted of the offences punishable under Sections 147 and

Section 323 r/w 149 (04) of IPC.

5. The fine amount, if any, deposited by the appellants shall be returned to them.

6. The appellants are on bail. Their bail bonds shall stand discharged.

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

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra