Heeralal vs The State Of Madhya Pradesh
2025 Latest Caselaw 3358 MP

Madhya Pradesh High Court

Heeralal vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vishal Dhagat

Bench: Vishal Dhagat

          NEUTRAL CITATION NO. 2025:MPHC-JBP:4962




                                                               1                            CRA-4030-2020
                              IN     THE     HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 27th OF JANUARY, 2025
                                              CRIMINAL APPEAL No. 4030 of 2020
                                                        HEERALAL
                                                          Versus
                                              THE STATE OF MADHYA PRADESH
                           Appearance:
                              Shri V.V.R. Daniel - Advocate for appellant.
                              Shri Pramod Choubey - Government Advocate for State.

                                                             JUDGMENT

Appellant has filed this appeal under Section 374(2) of Code of Criminal Procedure against the judgment and conviction dated 23.01.2020 passed in Sessions Trial No.37/2019 by Second Additional Sessions Judge, Lakhnadon, District Seoni (M.P.).

2. Appellant has been convicted under Section 436 and sentenced to undergo RI for 10 years and fine of Rs. 1000/- with default stipulation of 3 months RI.

3. Counsel appearing for the appellant submitted that appellant has filed I.A. No. 29921/2023 for compounding under Section 320 of Code of Criminal Procedure. Appellant is in jail for last four and half years. Appellant has compromised the matter with the complainant and they want to settle the disputes and live a peaceful life. Appellant may be permitted to compound the offences and he may be acquitted.

4. Government Advocate appearing for respondent/State opposed the

NEUTRAL CITATION NO. 2025:MPHC-JBP:4962

2 CRA-4030-2020 prayer and submitted that offence under Section 436 of IPC is non- compoundable in nature. Appellant may not be permitted to compound the offence. Application for compounding be dismissed and appeal be heard on merits of the case.

5. Heard the counsel for the parties.

6. Appellant has compounded the offence with complainant. Affidavit is placed on record. Offence under Section 436 of IPC is non-compoundable in nature. In view of same, I.A. No. 29921/2023 for compounding is dismissed.

7. Court can take into account application for compounding while passing sentence on the appellant and a liberal approach may be adopted in

sentencing, in case there is compromise between the parties. Appellant is in jail since last four and half years and has completed more than 40% of the jail sentence. There is compounding of offence between the parties. Appellant is a middle aged man resident of Village Rehlon Khurd, Police Station Dhuma, District Seoni. Appellant comes from a humble and poor background and there is compromise and compounding of offence between the parties.

8. Considering aforesaid circumstances, appeal filed by appellant is disposed off with following orders :

(i) Appellant is convicted under Section 436 of IPC and judgment passed by trial Court is affirmed.

(ii) Considering the compromise between the parties and humble background of appellant, sentence is modified and he is sentenced for a

NEUTRAL CITATION NO. 2025:MPHC-JBP:4962

3 CRA-4030-2020 term which he has already undergone in jail.

(iii) If appellant is in jail, he may be released forthwith.

9. With aforesaid modification, appellant stands disposed off.

(VISHAL DHAGAT) JUDGE

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