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2023 DIGILAW 14 (MP)

Preeti Tare v. State of Madhya Pradesh

2023-01-02

VIJAY KUMAR SHUKLA

body2023
JUDGMENT Vijay Kumar Shukla, J. - The present appeal is filed under Section 374 Cr.P.C. being aggrieved by the judgment dated 21.12.2022 passed by 2nd Additional Sessions Judge, Bagli, Dist. Dewas in Sessions Trial No.300271/2016 in which the trial Court has convicted the appellants under Section 420 of IPC and Section 420 r/w Section 120-B of the IPC and sentenced to RI for 5 years and fine of Rs.5000/-, in default of payment of fine, 1 month R.I. 2. Counsel for the parties have filed IA No.8 of 2023 under Section 320(2) of Cr.P.C. for permission to compound the offence. 3. It is submitted that the matter has been compromised by the appellants and the complainant and alleged cheated amount of Rs.31,01,111/- has been paid to the complainant through demand draft. The matter has been settled between the parties. The complainant does not wish to prosecute the appellants further and she wants to withdraw the case against them. 4. The aforesaid compounding application is signed by the complainant which has been duly verified by the counsel for the complainant. The application is also supported by an affidavit of the complainant. The alleged offence is compoundable with the permission of the Court at the instance of the person cheated under Section 320(2) of the Code of Criminal Procedure. 5. After hearing learned counsel for the parties and taking into consideration the fact that the matter has been compromised between the parties, I am of the view that the application for compounding of offence under Section 320(2) Cr.P.C. deserves to be allowed. Accordingly, the application is allowed. 6. Considering the same, the conviction and sentence of the appellants are also set aside. The appeal is allowed and disposed off. The appellants shall be released immediately if not required in any other case. C.C. today.