Madhya Pradesh High Court
Ramnarayan Kushwaha vs The State Of Madhya Pradesh on 29 May, 2024
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 29 th OF MAY, 2024
CRIMINAL REVISION No. 3233 of 2019
BETWEEN:-
1. RAMNARAYAN KUSHWAHA S/O SHRI
SWAMIDEEN KUSHWAHA, AGED ABOUT 35
YEARS, OCCUPATION: AGRICULTURE, R/O. VILL.
BHARRI POLICE STATION NAGOD, DISTRICT
SATNA (MADHYA PRADESH)
2. RAVENDRA @ BALI KUSHWAHA S/O SHRI
PARMESHWAR KUSHWAHA, AGED ABOUT 39
Y E A R S , OCCUPATION: AGRICULTURE, R/O
VILLAGE BHARRI POLICE STATION
NAGOD, DISTRICT SATNA (MADHYA PRADESH)
3. RAMPAL KUSHWAHA S/O SHRI SUDAMA
KUSHWAHA, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURE, R/O VILLAGE
BHARRI, POLICE STATION NAGOD, DISTRICT
SATNA (MADHYA PRADESH)
4. RAMBHUWAN KUSHWAHA S/O SHRI HEERALAL
KUSHWAHA, AGED ABOUT 38 YEARS,
OCCUPATION: AGRICULTURE, R/O VILLAGE
BHARRI POLICE STATION NAGOD, DISTRICT
SATNA (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI KULDEEP SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION NAGOD, DISTT. SATNA
(MADHYA PRADESH)
2. SHRI INDRAKARAN KUSHWAHA S/O SHRI
DHARAMDAS KUSHWAHA, AGED ABOUT 35
Y E A R S , OCCUPATION: AGRICULTURE, R/O
VILLAGE BHARRI, POLICE STATION NAGOD,
DISTRICT SATNA (MADHYA PRADESH)
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 5/30/2024
4:51:03 PM
2
.....RESPONDENTS
(BY MS. PREETI SINGH - PANEL LAWYER AND MS. SRISHTI RAWAT -
ADVOCATE FOR THE OBJECTOR.)
This revision coming on for admission this day, th e court passed the
following:
ORDER
In this criminal revision filed under section 397/401 of Cr.P.C. the order
of conviction and sentence passed on 27.03.2019 in Criminal Appeal No.451/15
by the First Additional Sessions Judge, Nagod, district Satna, has been
assailed. By this judgment, the learned Appellate Court had confirmed the order
of conviction and sentence passed on 13.10.2015 by the Judicial Magistrate
First Class, Nagod, district Satna, in Criminal Case No.572/2011.
2. On 27.7.2023 the parties filed I.A. No.18638/2023 seeking permission
to compound the offence and dispose of the matter on the basis of
compromise.
3 . This Court on 22.05.2024 had directed that the parties shall appear
before the Registrar (J-II) for verification of compromise. The verification
report was received from that end on 22.05.2024 itself, in which it has been
certified that the parties have arrived at a compromise without any threat,
inducement or coercion and the compromise is voluntarily.
4. On the basis of that report, this Court is satisfied that the parties have
arrived at a compromise on their free-will and volition. The applicants were
convicted and sentenced for the offences punishable under sections 452 of IPC
and section 323/34 (two counts) of IPC by the impugned judgment passed in
Criminal Appeal No.451/2015. The offences of section 323 of IPC is included
i n the tables mentioned under section 320 of Cr.P.C. in which the offence
punishable under section 323 of IPC is compoundable without the permission
of the Court.
5. The question that arises for decision is whether permission of
compromise can be granted for offences of Sections 452 of IPC, which is non-
compoundable in nature. On this aspect, the legal position is settled by the
decisions of Hon'ble Supreme Court that inherent powers of Section 482
Cr.P.C. can be exercised concurrently with the appellate and revisional
jurisdiction. This underlines that while hearing the appeal against conviction
under an offence which is of non-compoundable nature, the High Court may
not be competent to permit compounding of the offence, but High Court may
quash the proceedings in such cases. For this, decision in Popular Muthiah
Vs. State represented by Inspector of Police reported in 2006 (7) SC 296
and Shiji @ Pappu & others Vs. Radhika & anr. reported in (2011) 100
SCC 705 (Criminal Appeal No.2094/2011 ) can be referred to. It has also
been held in case of Shiji (supra) that the inherent powers under Section 482 of
Cr.P.C. have to be exercised with utmost care and caution and only sparingly
for securing the ends of justice.
6. The matter in hand involves a personal dispute and does not have the
dimensions to affect the public interest. Parties have amicably settled the matter
between them. It can be apprehended that if the dispute is allowed to linger on
between them, it would disturb their harmonious relationship and may become
the cause of further rift. Looking to the nature of dispute, it is deemed
appropriate to invoke the inherent powers under Section 482 of Cr.P.C. here.
Accordingly, the conviction under Sections 452 of IPC is hereby quashed.
7 . As the matter has been settled through compromise, the impugned
judgment passed by the First Additional Sessions Judge, Nagod, district Satna,
in Criminal Appeal No.451/2015 regarding conviction and sentence of
applicants under section 452 & 323/34 (2 counts) of IPC is set aside. The
applicants are acquitted of the charge levelled against them.
8. The Applicants are in custody, they be immediately released.
9. Let a copy of this order alongwith the record be sent to the trial
Court for information and necessary compliance.
(ANURADHA SHUKLA)
JUDGE
DevS
