Ashok vs State Of M.P.
2024 Latest Caselaw 14005 MP

Madhya Pradesh High Court

Ashok vs State Of M.P. on 13 May, 2024

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                ON THE 13 th OF MAY, 2024
                                          CRIMINAL REVISION No. 586 of 2010

                          BETWEEN:-
                          ASHOK S/O PREMNARAYAN SHARMA, AGE 45 YEARS,
                          CASTE BRAHMIN OCCUPATION - KHETI, R/O GRAM
                          DHAKONI, P.S. ISAGARH, DISTRICT ASHOKANAGR
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI M.L.YADAV- ADVOCATE)

                          AND
                          STATE OF M.P. THROUGH P.S. ISHAGARH, DISTRICT
                          ASHOKNAGAR (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                          ( SHRI VISHAL TRIPATHI - PUBLIC PROSECUTOR FOR THE STATE)

                          (SMT. MADHU SHRIVASTAVA - ADVOCATE FOR COMPLAINANT)


                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                            ORDER

The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the impugned judgment dated 22.07.2010 passed by Sessions Judge, Ashoknagar (M.P.) in Criminal Appeal No.30/2010, affirming the judgment of conviction and order of sentence dated 17.03.2010 passed by Chief Judicial Magistrate, Ashoknagar (M.P.) in Criminal Case No.426/2008 whereby, the petitioner has been convicted under Section 324 of IPC and sentenced to undergo S.I for six months.

2. Heard on I.A. No.121 of 2024, an application under Section 320 Cr.P.C. and I.A. No. 120 of 2024, application under Section 320 (5) of CrPC. The applications are supported by affidavits.

3. In compliance of order dated 30.04.2024, the Principal Registrar of this Court verified the factum of compromise arrived at between the parties and gave report to the effect that complainant/injured-Smt. Dropdi Bai, Premnarayan Sharma and Petitioner Ashok have arrived at compromise voluntarily, without any threat, inducement and coercion. The said offence was compoundable keeping in view the date of offence. Therefore, I.A. No.121 of 2024 and I.A. No. 120 of 2024 are hereby allowed.

4. In view of the aforesaid, impugned judgment dated 22.07.2010 passed by Sessions Judge, Ashoknagar (M.P.) in Criminal Appeal No.30/2010 as well as the judgment of conviction and order of sentence dated 17.03.2010 passed by Chief Judicial Magistrate, Ashoknagar (M.P.) in Criminal Case No.426/2008 are hereby quashed on the basis of compromise arrived at between the parties. Petitioner is acquitted of the charge levelled against him.

5. Accordingly, present Criminal Revision stands disposed of.

6. A copy of the order passed today be sent to the trial court for necessary compliance.

(RAJENDRA KUMAR VANI) JUDGE Aman