Bal Ram Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 221 of 2003 • Balram Yadav S/o Dashrath Yadav, aged about 40 years, R/o Village Urtum, P.S. Sarkanda, District Bilaspur (Chhattisgarh) ---- Applicant

Versus

• State Of Chhattisgarh Through-P.S. Sarkanda District Bilaspur (Chhattisgarh) ---- Respondent _________________________________________________________________ For Applicant : Shri Manoj Kumar Jaiswal, Advocate.

For Respondent/State : Smt. M.Asha, Panel Lawyer. For Complainant : Shri D. Kushwaha, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 15/05/2018

1. Heard.

2. The matter is listed for hearing on IA No. 1/2017 for taking document on record and IA No. 2/2017 under Section 320 (2) of the Code of Criminal Procedure seeking permission to compound the offence.

3. Applicant has been convicted by the Chief Judicial Magistrate Bilaspur vide judgment dated 23-01-2003 for offence punishable under Section 420 read with Section 34 of the Indian Penal Code and sentenced to undergo RI for 1 year with fine of Rs. 500 with default stipulation and the appeal preferred by the applicant has been dismissed by the learned First Additional Sessions Judge, Bilaspur (C.G.) vide judgment dated 23-04-2003.

4. The accused/applicant and complainant Smt. Savitri Sharma are present in person before this Court today.

5. The complainant Smt. Savitri Sharma submits that she has entered into compromise with the accused/applicant of her own will without any

inducement.

6. In view of the above the application for seeking permission to compound the offence is allowed.

7. Both the parties submit that they have entered into compromise as per compromise deed which has been filed with the present application and the same has been entered between as they have developed good relationship and they continue the relationship in future also. Thus, the application for compromise is allowed and in the light of compromise the judgment of conviction passed by the Chief Judicial Magistrate Bilaspur dated 23-012003 in Criminal Case No. 2658/1995 which has been subsequently confirmed by the learned First Additional Sessions Judge Bilaspur vide order dated 23-04-2003 passed in CRA No. 23/2003 and CRA No. 25/2003 is set aside and as a result of which the accused/applicant namely Balram Yadav is acquitted and bail furnished by him stands discharged.

8. Accordingly, IA No. 1/2017 for taking document on record, IA No. 2/2017 under Section 320 (2) of the Code of Criminal Procedure and the present revision stand disposed of.

9. Parties are entitled for certified copy of the order. Sd/- (Arvind Singh Chandel) Judge Shubham