Sheikh Sharif vs Deepa
2025 Latest Caselaw 5325 MP

Madhya Pradesh High Court

Sheikh Sharif vs Deepa on 8 March, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

         NEUTRAL CITATION NO. 2025:MPHC-JBP:11342




                                                                    1                          CRR-918-2025
                                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. 918 of 2025
                                                              SHEIKH SHARIF
                                                                  Versus
                                                            DEEPA AND OTHERS
                           Appearance:
                                Shri Mithilesh Tripathi - Advocate for the applicant.

                                Shri Ahmed Sajid - Advocate for the respondent No.1.


                                                                        ORDER

I.A. No. 4933 of 2025 is an application under Section 5 of the Limitation Act for condonation of delay in filing the criminal revision.

In view of the grounds mentioned therein, aforesaid I.A. is allowed. Delay is condoned.

This revision has been filed by the applicant against judgment of

conviction passed by learned Sessions Judge, Burhanpur, in Cr.A.No. 235/2024 on 26.10.2024, by which the judgment of conviction and order of sentence dated 07.03.2024 passed in SC NIA No. 689/2021 by JMFC Burhanpur, District Burhanpur 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,

NEUTRAL CITATION NO. 2025:MPHC-JBP:11342

2 CRR-918-2025

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 affidavit dated 23.02.2025 (Annexure I.A./1) filed along with I.A. No. 4874 of 2025 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.500/- as compounding fee in the High Court Legal Service authority, Jabalpur.

The applicant is acquitted of the charges framed against him. The impugned judgment of conviction and order of sentence are set aside Warrant issued against the applicant, if any, be recalled.

Let copy of this order be supplied to the concerned Jail by learned counsel for both parties .

Accordingly, the revision stands disposed of.

                           (AVANINDRA KUMAR SINGH)                               (ADITYA SANGHI)
                                   MEMBER                                            MEMBER
                           VSG

          NEUTRAL CITATION NO. 2025:MPHC-JBP:11342
                                                    3   CRR-918-2025