Madhya Pradesh High Court
Smt.Imarti vs State Of M.P. on 13 September, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
LOK ADALAT
HON'BLE SHRI JUSTICE ASHISH SHROTI
&
SHRI RAGHVENDRA DIXIT, ADVOCATE
ON THE 13th OF SEPTEMBER, 2025
CRIMINAL REVISION NO. 496 of 2011
SMT. IMARTI & ANOTHER
Vs.
STATE OF MADHYA PRADESH
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APPEARANCE:
Shri Sunil Jain - Advocate for the petitioner.
Shri K.K. Prajapati - Public Prosecutor for the respondent/State.
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ORDER
Per. Justice Ashish Shroti
1. The present petition under Section 397 and 401 of Cr.P.C. is preferred
by the petitioners against the judgment of conviction and order of
sentence dated 17/06/2011 passed by First Additional Sessions Judge,
District- Shivpuri (M.P.) in Case No.84/2011 modifying the judgment
of conviction and order of sentence dated 10/03/2011 passed by the
learned Judicial Magistrate First Class, Shivpuri, District- Shivpuri
(M.P.) by which conviction of the petitioners has been maintained
under Section 332 of IPC while the petitioner no.2 has been
sentenced to undergo rigorous imprisonment for six months with a
fine of Rs.100/- on five counts and petitioner no.1 has been sentenced
to pay fine of Rs.10,000/- on five counts [Rs.2,000/- for each count]
with default stipulations.
2. It is the submission of learned counsel for the petitioners that the
present case pertains to offence under Section 332 of IPC. The
offence is of the year 2003 and petitioners suffered more than 07 days
incarceration as pre and post trial confinement. Further from the date
of incident, petitioners suffered almost 22 years' ordeal of trial.
Hence, it is submitted that the case of petitioners be considered for
the sentence they are already undergone by them, for which they are
ready to pay compensation/fine at higher side in view of provisions of
Section 357 of Cr.P.C.
3. Learned counsel for the respondent/State opposed the prayer.
However, he fairly accepted that if petitioners are ready to pay the
enhanced fine amount/compensation, then only their case for
undergone may be considered so that enhanced amount (fine) can be
given to the complainant.
4. Considering the facts and circumstances of the case, especially
looking to the fact that for about 22 years, petitioners have suffered
ordeal of trial and the proceedings before the trial court, appellate
court and as well as before this Court and the fact that petitioners
have suffered incarceration also, jail sentence of petitioners is
reduced to the period already undergone by them maintaining the
conviction recorded by the Courts below and in view of Section 357
of Cr.P.C., the fine amount which has been imposed by the Courts
below is hereby enhanced. Petitioners is directed to pay enhanced
compensation of Rs.4,000/- (in addition to the fine amount
imposed by Courts below) each within two months from today
while giving undertaking before the trial Court that if they fail to pay
the enhanced amount of compensation i.e. Rs.4,000/- (Rupees Four
Thousand Only) within stipulated period of time, then the trial Court
shall proceed against the petitioners to serve remaining part of their
jail sentence for which the Courts below have sentenced them. It is
made clear that this benefit of undergone has been given to the
petitioners in peculiar facts and circumstances of the case where
petitioners have suffered incarceration also. The enhanced
compensation amount shall be paid to the complainant/State after due
verification. Petitioners are on bail. Their bail bonds stand
discharged.
5. Resultantly, the revision petition preferred by the petitioners stands
disposed of in above terms.
6. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(ASHISH SHROTI) (RAGHVENDRA DIXIT)
MEMBER MEMBER
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