Madhya Pradesh High Court
Ramesh Rai vs The State Of Madhya Pradesh on 24 March, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:14556
1 CRA-2172-2005
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 24th OF MARCH, 2025
CRIMINAL APPEAL No. 2172 of 2005
RAMESH RAI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ayush Upadhyay - Advocate for the appellants.
Shri Amit Sharma - Govt. Advocate for respondent/ State.
Shri Dharmendra Shah - Advocate for the objector.
ORDER
This appeal under Section under Section 374 of Cr.P.C. is filed against
the impugned judgment dated 15.10.2005 passed by Special Judge, SC/ST
(Prevention of Atrocities) Act, 1989, Tikamgarh (M.P.) in Special Case
No.200/2001 whereby the appellants were convicted for commission of
offence punishable under Sections 325/34 and 323/34 of IPC and sentenced
to undergo R.I. for 02-02 years and fine of Rs.1000/- each and fine of
Rs.1000/- each respectively with default stipulations.
2. During pendency of this appeal, both the parties have filed I.A.No.
15824/2023 under Section 320, stating that the dispute between the parties
have been resolved and they have entered into compromise with no intention
to pursue the matter further. The applications are supported by affidavit of
the complainants/victim.
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3 . Matter was referred to the Registrar Judicial-II for verification of
compromise vide order dated 04.7.2023. Registrar Judicial-II in compliance
of this Court's order has verified the aforesaid compromise and has submitted
its report dated 04.7.2024. Appellants/accused and complainants have been
duly identified by their respective counsel.
4. Learned counsel for both the parties submit that they have entered
into a compromise according to their own volition and without there being
any threat and coercion.
5. Heard learned counsel for the parties and perused the record.
6 . Offence under Section 325 IPC is compoundable with the
permission of the Court. In the present case, the dispute between the parties
has been settled by way of compromise and complainants have no objection
in setting aside the judgment of conviction and order of sentence.
7. The purpose of compromise is to maintain peace and harmony in
the relations. Section 320 of the Cr.P.C. deals with compounding of offence.
As per sub-Section (1) of Section 320 Cr.P.C., the offences punishable under
the Sections of IPC, specified in first two columns of the table can be
compounded by the persons mentioned in third column of that table.
8. As per second table of the Section 320 (2) of Cr.P.C. an offence
under Section 325 of IPC is compoundable by the person to whom grievous
hurt was caused with the leave of the Court. In appeal, composition of the
offence is permitted subject to leave of the Court. Offence under Section
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323 IPC is compoundable by the person to whom the hurt caused. In the
present case, the dispute between the parties has been settled by way of
compromise and injured complainants have no objection in setting aside the
judgment of conviction and order of sentence. As per sub-Section (1)
of Section 320 Cr.P.C., the offences punishable under the Sections of IPC,
specified in first two columns of the table can be compounded by the persons
mentioned in third column of that table with and without the leave of the
Court. An offence of causing hurt is punishable under Section 323 IPC,
which falls under first table of Section 320 Cr.P.C. and this offence is
compoundable at the instance of the person to whom the hurt has been
caused and for that permission of the Court is not necessary. In appeal
compromise is permissible with the leave of Court.
9. As parties have amicably settled their dispute and have entered
into compromise with their free will and volition without any threat and
inducement, I am inclined to grant leave for composition.
10. Consequently, compromise application is allowed. Accordingly,
criminal appeal is allowed and impugned judgment of conviction and order
of sentence dated 15.10.2005 delivered in Special Case No.200/2001 (State
of MP Vs. Ramesh Rai and others) by Special Judge, SC/ST (Prevention of
Atorcities) Act, District Tikamgarh, is set aside. Appellants are acquitted of
offence under Section 325/34 and 323/34 of IPC. Their bail bond shall stand
discharged. They are entitled to receive back the fine amount if any
deposited by them before the trial Court.
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11. A copy of the order along with trial Court record be immediately
sent down to the trial Court through Sessions Judge, Tikamgarh.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
