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Madhya Pradesh High Court
Shyamlal @ Radheshyam And 3 Ors. vs The State Of Madhya Pradesh on 1 December, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
NEUTRAL CITATION NO. 2025:MPHC-IND:34907
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 1ST OF DECEMBER, 2025
CRIMINAL APPEAL No. 1249 OF 2013
SHYAMLAL @ RADHESHYAM & OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sandeep Dangi Advocate for the appellants.
Shri Amit Rawal, public prosecutor for the respondent/State.
............................................................................................................ .......
ORDER
1. This criminal appeal is filed under Section 374 of The Code of
Criminal Procedure assailing the judgment of conviction and order of
sentence dated 24.08.2013 passed in ST No. 64/2013 by the Additional
Sessions Judge, Susner whereby the accused/appellants have been
convicted and sentenced as under:-
Conviction Sentence Fine (Rs.) Default Stipulation
148 of IPC Rigorous ThreeT months SI
Imprisonment for Six
months
452 of IPC Rigorous 200/- Three month's SI
Imprisonment for
1year
307 of IPC Rigorous 500/- Three month's SI
Imprisonment for 3
years
NEUTRAL CITATION NO. 2025:MPHC-IND:34907
323 of IPC r/w 149 (2 counts) 250-250/-(each Three month's SI
of IPC count)
2. The case of prosecution, in brief, is as under:-
a. Shivnarayan was having dinner on 26.10.2012 around 8:15 in
the night at his home. Accused Radheshyam, Vishnu and Arvind
armed with sword and wooden sticks went to the house of
Shivnarayan. Shyamlal assaulted Shivnarayan with sword on his head
and right ear.Vishnu and Bablu assaulted Shivnarayan with wooden
stick on his shoulder and right hand. Savitribai W/o Shivnarayan and
Radheshyam S/o Shivnarayan intervened. All accused assaulted them
also. On such allegations, the police station Soyatkala registered FIR
(Ex.P-1) at crime No. 150/2012 for offence punishable under Section
147, 148, 323, 294, 307 and 452 of IPC and Section 25 of the Arms
Act. Injured were forwarded for medico legal examination. The x-ray
examination report shows no bony injury to Shivnarayan or
Radheshyam. Further, the Medical Officer opined that the injury
caused on forehead of Shivnarayan may be life threatening due to
excessive bleeding. The accused were arrested. The relevant seizures
were made. The final report was submitted on completion of
investigation before Judicial Magistrate First Class.
b. The Judicial Magistrate First Class, Susner committed the case
for trial to the Court of Session vide order dated 18.02.2013. The
Additional Sessions Judge, Susner framed charges for offence
punishable under Sections 148, 452, 307, 323 read with Section 149,
Section 323 read with Section 149, Section 324 of IPC against
Shyamlal son of Radheshyam; Section 148, 452, 307, 323, 323 read
NEUTRAL CITATION NO. 2025:MPHC-IND:34907
with Section 149 and Section 324 read with section 149 against
Ramnarayan; Section 148, 452, 307, 323, 323 read with Section 149,
324 read with section 149 against Arvind; and Sections 148, 452, 307,
323, 323 read with section 149, 324 read with Section 149 of IPC
against Vishnu.
c. The Additional Sessions Judge, Susner vide impugned
judgment dated 24.08.2013 passed in ST No. 64 of 2013 convicted
the accused Shyamlal @ Radheshyam, Ramnarayan, Vishnu and
Arvind for offences punishable under Sections 148, 452 and 307 of
IPC while acquitting them for offence punishable under Section 323
read with Section 149 and 324 of IPC regarding causing of injury to
Savitri Bai and Shivnarayan and sentenced them as stated in para 1 of
the order.
3. Learned counsel for the appellants contended that X-ray
examination report shows no bony injury to Shivnarayan or Radheshyam.
Further, the Medical Officer reported the possibility that the injury caused
on forehead of Shivnarayan might be life threatening due to excessive
bleeding. Despite the injury being simple, learned trial Court, in Para No.
38 of the judgment, held the injuries was dangerous to life and convicted
the appellants for offence punishable under Sections 307 of IPC. The
learned Trial Court has committed error in convicting the appellants for
offence punishable under Section 307 of IPC. Learned counsel further
contended that minor oral altercation aggravated into physical assault
between the parties. The parties are residents of same village. The incident
relates to year 2012. Almost 13 years have elapsed since the incident. The
NEUTRAL CITATION NO. 2025:MPHC-IND:34907
dispute has become stale, therefore, the parties, who are closely acquainted
with each other have decided to proceed with the life and amicably settled
the dispute. Therefore, in view of the law laid down in cases of Gian
Singh Vs. State of Punjab (2012) 10 SCC 303, Gulab Singh Vs. State of
M.P. (2011) 10 SCC 765 and Yogendra Yadav Vs. State of Jharkhand
(2014) 9 SCC 653, the compromise between the parties be accepted and
the appellants be acquitted in view of the compromise.
4. Heard learned counsel for the parties and perused the record.
5. Considering the nature of dispute and circumstances of the case, this
Court is of the opinion that parties may be permitted to settle their dispute.
The accused have not taken any undue advantage or acted against the law
before or after the incident. There is nothing on record that the
compromise would have harmful effect on the social and moral fabric of
the society. It has no bearing on public order. The parties, at their own
volition, without any coercion or compulsion wish to accord a quietus to
the dispute. The parties are well acquainted to each other, therefore,
amicable settlement of the criminal proceedings would advance peace and
harmony between them. Further incarceration despite amicable settlement
between the parties may reopen the wounded feelings and dispute between
the parties after a decade of the incident. Therefore, in exercise of inherent
jurisdiction, the IA for compounding of offence are allowed.
6. Considering aforementioned aspects, this criminal appeal is
disposed of with the following directions:-
The judgment of conviction and order of sentence dated
24.08.2013 passed by learned Additional Sessions Judge, Susner
NEUTRAL CITATION NO. 2025:MPHC-IND:34907
District Shajapur (M.P.) in ST No. 64/2013 against appellants-
Shyamlal @ Radheshyam, Ramnarayan, Vishnu and Arvind for offence
punishable under Sections 148, 452, 307, 323 read with Section 149 of
IPC is set aside in view of the compromise arrived at between the
parties. The appellant/accused shall be at liberty forthwith. The personal
bonds and surety bonds stand discharged. (Narinder Singh v. State of
Punjab, (2014) 6 SCC 466; Ram Gopal and Another Vs. State of M.P.
(2022) 14 SCC 531).
7. Let a copy of order be sent to the trial Court along with the record
for information and necessary action.
( SANJEEV S KALGAONKAR)
JUDGE
BDJ
