MOHAN @ MANOHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application has been filed by the complainant at whose instance a case was registered vide crime no. 195/2010 against appellant Mohan @ Manohar, S/o Kedarsingh Dangi under Sections 307, 323, 324 and 341 of IPC. After the case was referred to Sessions and was registered as S.T. No. 236/2010, the appellant Mohan was convicted for offence under Sections 307 and 324 of IPC and was sentenced to undergo R.I. for five years with fine of Rs. 1000/ - and in default of payment of fine, to further undergo 6 months R.I. and one year R.I. with fine of Rs. 500/ - and in default of payment of fine to further undergo 3 months R.I. An appeal was filed against the aforesaid judgment. During the pendency of the appeal parties have entered into a settlement. According to the complainant, who has moved this application, on an intervention of the elderly person of the society, parties resolved their differences and it has been stated that there is no ill will between them and as such it is prayed that in the interest of justice the compromise may be taken on record.

(2.) IN the present case, it is not a civil dispute where settlement has taken place. Parties virtually wants reduction of sentence. Infact they want to make offence which is not compoundable to compoundable under Section 320 Cr.P.C. Another judgment relied by the appellant, where considering the settlement/compromise reached between the parties, Hon'ble Supreme Court in the case of Gulabdas and others Vs. State of M.P., : 2012 CRI.L.J. 667, reduced the sentence awarded to the appellant. Paragraphs 8 and 9 of the judgment is relevant which is reproduced hereunder: -

(3.) IN the light of the aforesaid two judgments, learned Counsel for the appellant submitted that the appellant who is in custody for one year and nine months be granted benefit of reduction of sentence only.