Smt. Neelam Bangre vs Nikesh Kuthe
2025 Latest Caselaw 5281 MP

Madhya Pradesh High Court

Smt. Neelam Bangre vs Nikesh Kuthe on 8 March, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

          NEUTRAL CITATION NO. 2025:MPHC-JBP:11139




                                                                1                            CRR-338-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                 BEFORE LOK ADALAT
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                          &
                                         SHRI ADITYA SANGHI, SR. ADVOCATE
                                                    ON THE 8 th OF MARCH, 2025
                                               CRIMINAL REVISION No. 338 of 2025
                                                       SMT. NEELAM BANGRE
                                                              Versus
                                                          NIKESH KUTHE
                           Appearance:
                              Shri Krishna Choudhary - Advocate for applicant.
                              Shri Ajay Kumar Patel - Advocate for the respondent.

                                                                    ORDER

Per: Justice Avanindra Kumar Singh

This revision has been filed by the applicant against judgment of conviction passed by learned First Additional Sessions Judge, Balaghat, in Cr.A.No.141/2023 on 13.01.2025, by which the judgment of conviction and order of sentence dated 17.07.2023 passed in SC NIA No.114/2021 by JMFC, Balaghat has been affirmed.

It is contended by the counsel for the applicant that applicant and non- applicant have entered into compromise without their being any threat or coercion, and the entire amount has been paid to the complainant, therefore, they do not wish to proceed against each other. Thus, they pray that considering the compromise arrived at between them, the judgment of conviction and order of sentence be set aside.

On perusal of compromise/settlement deed dated 27/02/2025

NEUTRAL CITATION NO. 2025:MPHC-JBP:11139

2 CRR-338-2025

(Annexure D/1) it is reflected that entire amount has already been paid to the complainant/respondent. Learned counsel for both parties who are present before this Lok Adalat submits that parties have voluntarily compromised and now they do not have any grievance against each other.

In this regard, it is worth referring to decision in the case of Damodardas S. Prabhu Vs. Sayed Babalal H , (2010) 5 SCC 663 regarding deposit of 15% compounding fee, this court is of the view that judgment of conviction passed by both the courts be set aside subject to depositing 1% of the cheque amount/entire amount i.e. Rs.1000/- as compounding fee in the High Court Legal Service authority, Jabalpur. The revision is disposed of.

The applicant is acquitted of the charges framed against her. The

impugned judgment of conviction and order of sentence are set aside. Warrant issued against the applicant, if any, be recalled.

Let this information be sent and copy of this order be supplied to the concerned Central Jail, Balaghat, by learned counsel for both parties today itself.

                           (AVANINDRA KUMAR SINGH)                 (SHRI ADITYA SANGHI, SR. ADVOCATE)
                                   MEMBER                                        MEMBER
                           NRJ