This revision has been filed by the applicant being aggrieved by the judgment dated 9.1.2020 passed by First Additional Sessions Judge, Sihora in Criminal Appeal No. 181 of 2015 affirming the judgment dated 7.5.2015 passed by JMFC, Sihora in RCT No. 770 of 2007 whereby the applicant has been convicted under Section 324 / 34 of the Indian Penal Code and sentenced to undergo R.I. for 6 months with fine of Rs.500/- with default stipulation.

2. The counsel for the applicant contends that during the pendency of the instant criminal revision, good sense prevailed over the parties and parties have entered into an amicable settlement. It is further submitted that in terms of the order dated 3.12.2024 passed by this Court, the parties appeared before the Registrar Judicial II for verification of their compromise where the statements of the parties have been recorded. Therefore, it is submitted that Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/1/2025 11:20:18 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:9453 2 CRR-276-2020 in view of the compromise entered into between the parties, the applicant be acquitted of the aforesaid offence.

3. Heard the submission advanced by the counsel for the applicant and perused the report dated 3.12.2024 submitted by Registrar Judicial II. A perusal of the report dated 3.12.2024 reflects that the complainant has stated that he has entered into compromise voluntarily without any force, compulsion, undue influence, inducement or threat with the present applicant.

4. The offence under Section 324 of the IPC is non-compoundable. Therefore, it would be apposite to survey the law in respect of compounding in respect of non-compoundable offences.

5. The Apex Court in the case of Gian Singh Vs. State of Punjab and Anr. (2012) 10 SCC 303 after considering the the provisions of section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non- compoundable offence. Relevant part of the order of the order reads as under

6. In a subsequent order, in the case of Narinder Singh and Ors Vs. State of Punjab and Anr. passed in Criminal Appeal No.686/2014 dated 27.03.2014 after relying on the judgment passed in the case of Gian Singh (supra), the Apex Court permitted compounding in a non-compoundable case and quashed the criminal proceedings.

NEUTRAL CITATION NO. 2025:MPHC-JBP:9453 4 CRR-276-2020

7. In the case of Daxaben vs. State of Gujarat (Arising out of SLP (Crl.) No.1132-1155 of 2022) , the Apex Court held that the inherent power of the High Court under Section 482 of the Cr.P.C. is wide and can even be exercised to quash criminal proceedings relating to non-compoundable offences, to secure the ends of justice or to prevent abuse of the process of Court.

8. In the case of Yogendra Yadav & Ors. vs. The State of Jharkhand & Anr. AIR 2015 SC (Criminal) 166, the Apex Court held as under:-

9. In Yogendra Yadav 's case (supra) , charges were under Sections 307 & 326 IPC. The apex Court was of the view that the High Court could have exercised its jurisdiction under Section 482 of Cr.P.C. because parties have amicably settled the dispute and the case did not pertain to an offence of moral turpitude or grave offences like rape, murder etc.

10. In the case of Ramgopla & Anr. vs. State of MP (Criminal Appeal No.1489/2012, decided on September 29, 2021), the Apex Court held in para12 as under:-

11. Considering the factum of compromise between the parties and in the light of the aforesaid judgments, this revision is allowed. In view of the compromise arrived at between the parties, the judgment dated 9.1.2020 passed by First Additional Sessions Judge, Sihora in Criminal Appeal No. 181 of 2015 and the judgment dated 7.5.2015 passed by JMFC, Sihora in RCT No. 770 of 2007 are set aside. The applicant is acquitted of the offence under Section 324 / 34 of the Indian Penal Code. Bail bonds, if any, stand discharged.

(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/1/2025 11:20:18 AM