Madhya Pradesh High Court
Brijesh Rathore vs The State Of Madhya Pradesh on 16 June, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 16 th OF JUNE, 2023
CRIMINAL REVISION No. 2392 of 2020
BETWEEN:-
1. BRIJESH RATHORE S/O MUNNA LAL, AGED
ABOUT 35 YEARS, OCCUPATION: SHOP KEEPER,
R/O KALAR MANDIR KE PAS, CANT GUNA
(MADHYA PRADESH)
2. MUNNA LAL RATHORE S/O SHYAM LAL, AGED
ABOUT 76 YEARS, OCCUPATION: SHOPKEEPER,
R/O ASHOK NAGAR ROAD, CANT GUNA (MADHYA
PRADESH)
3. JITENDRA RATHORE S/O MUNN LAL RATHORE,
AGED ABOUT 29 YEARS, OCCUPATION:
SHOPKEEPER, R/O ASHOK NAGAR ROAD CANT
GUNA (MADHYA PRADESH)
4. KANYA RAM RATHORE S/O HARI RAM, AGED
ABOUT 30 YEARS, OCCUPATION: LABOUR, R/O
NALAKHERI, POOJA WAREHOUSE, GUNA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI DHARAMVIR SINGH PARIHAR- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION PS CANT, DISTRICT GUNA (MADHYA
PRADESH)
.....RESPONDENT
(SHRI DINESH SAVITA- PUBLIC PROSECUTOR FOR THE STATE AND
SHRI VIBHOR KUMAR SAHU, LEARNED COUNSEL FOR THE
RESPONDENT [COMP].)
T h is revision coming on for orders this day, t h e cou rt passed the
following:
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 16-06-2023
05:42:45 PM
2
ORDER
The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the impugned judgment of conviction and order of sentence dated 16.12.2020 passed by Seventh Additional Sessions Guna, District Guna (M.P.) in Criminal Appeal No.88/2016, partly confirming the judgment of conviction and order of sentence dated 04/02/2016 passed by Judicial Magistrate First Class, Guna, District Guna (M.P.) in Criminal Case No.1586/2011, convicting the petitioners under Section 325/34 of IPC and sentencing them to undergo R.I. for six months with fine of Rs.500/-, under Section 324/34 of IPC and sentencing them to undergo R.I. for six months with fine of Rs.500/- with default stipulations.
During pendency of this Criminal Revision, the petitioners and the respondent/complainant have filed the applications which are I.A.No.14983/2022 and I.A.No.14984/2022 seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid applications, affidavits have also been filed on behalf of petitioners as well as respondent/complainant. Counsel for both the parties submit that b o th the parties have entered into compromise according to their own volition and without there being any pressure.
On 13.04.2023, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Registry has filed its report. As per the provision of Section 320 of Cr.P.C., the offences punishable under Section 325/34 of IPC are compoundable and the offence punishable under Section 324 of IPC is non- compoundable.
Consequent upon the above said facts and that the petitioners and the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-06-2023 05:42:45 PM 3 complainant have amicably resolved the issue, this Court by invoking the inherent power under Section 482 of Cr.P.C. allows the applications.
In view of the above, I.A.No.14983/2022 & I.A.No.14984/2022 are disposed of.
Consequently, the judgment of conviction and order of sentence dated 16.12.2020 passed by Seventh Additional Sessions Guna, District Guna (M.P.) in Criminal Appeal No.88/2016 as well as the judgment of conviction and order of sentence dated 04/02/2016 passed by Judicial Magistrate First Class, Guna, District Guna (M.P.) in Criminal Case No.1586/2011 are hereby quashed.
Petitioners are acquitted of the charge levelled against them. Their bail bonds stand discharged.
Consequently, Criminal Revision stands disposed of.
(SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-06-2023 05:42:45 PM