Sheikh Jafar And Others vs State Of Madhya Pradesh

This revision has been filed under Section 397 read with Section 401 of the Cr.P.C., 1973, by the applicants against the judgment dated 01.11.2019, passed by learned I Additional Sessions Judge, Burhanpur, District-Burhanpur (MP) in Criminal Appeal No.201/2018 arising out of judgment and conviction dated 16.11.2018 passed by JMFC Burhanpur in Criminal Case No.4690/2016, whereby the learned trial Court has convicted the applicants for the offence punishable under Section 325 read with Section 34 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-each with default stipulation, but learned Sessions Judge has partly allowed the appeal and modified the judgment and conviction order dated 16.11.2018.

During pendency of this revision, complainant and injured, namely, Naseeba Bano and Mahboob Ahmed have filed an application under Section 320(2) of Cr.P.C. for permission to compromise in the matter.

It appears that both the parties have filed Compromise Petition under Section 320(2) of Code of Criminal Procedure and both the parties were directed to appear before Registrar (J-II) for verification of the Compromise petition.

In compliance of orders dated 24.01.2020 and 02.03.2020, the parties have appeared before the Registrar (J-II) for recording the statements of the parties. Registrar (J-II) recorded the statements of parties and verified the compromise. The verification report has been received from Registrar (J-II) with report dated 28.01.2020 with regard to complainant-Naseeba Bano and report dated 03.03.2020 with regard to injured-Mehboob Ahmed that parties have voluntarily entered into compromise and now their relations have become very cordial and they intend to maintain such relation in future also. They have no grudge or complaint to each other and they want to end all the disputes and enmities between them. The verification report is annexed with the statements of the complainant and injured duly signed by them.

It is made clear that learned Sessions Judge has also acquitted the applicants from the offence punishable under Section 294 of the IPC and so far as Section 323 read with Section 34 of the IPC with regard to complainant-Naseeba Bano is concerned, learned appellate Court has also modified the order dated 16.11.2018 and directed the applicants to pay Rs.250/-each as fine with default stipulations. It is also made clear that applicants have also deposited the aforesaid amount before the appellate Court.

It is revealed that offence under Section 325 read with Section 34 of IPC involved in the case, is compoundable offences under Section 320(2) of the Cr.P.C. with the leave of the Court. Since the conviction order has been passed and the accused/applicants have preferred this compromise application after appellate stage, therefore, the same can be compoundable under Section 320(5) of Cr.P.C. Although, parties have not filed application under Section 320(5) of Cr.P.C. but in the interest of justice, this Court proceed further on the oral request made by the counsel for the applicants.

In view of the fact that parties compromise is taken place between the parties and looking to the fact that parties have settled their dispute amicably without any influence, fear and undue pressure and to see that they shall keep good terms in future, this Court is of the considered opinion that no useful purpose is going to be served by keeping this matter pending especially when the grievance of complainant and injured have been satisfied by the present applicants.

Accordingly, this petition is allowed and parties are permitted to make compromise in the case. Consequentially, the judgment dated 01.11.2019, passed by learned I Additional Sessions Judge, Burhanpur, District- Burhanpur (MP) in Criminal Appeal No.201/2018, is hereby quashed. The accused/applicants- Sheik Jafar, Anwar Khan and Farzana Bee are acquitted from the charges for offence punishable under Sections 323 read with Section 34 and Section 325 read with Section 34 of IPC. The fine amount if any, deposited by the applicants be returned to them.

The revision stands disposed off accordingly.