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2022 Supreme(MP) 1179
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Rohit Arya, J.
Mevaram Singh Kushwah & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61991 of 2022
Decided On : 29-12-2022
Arvind Sharma, Advocate, Rohit Shrivastava, Advocate
The court considered the impact of a compromise and subsequent application under section 320 of the Cr.P.C. on the application under section 311 of the Cr.P.C.
Headnote:
Section 482 - Compromise and Application under Section 320 of the Cr.P.C. - The court considered the application filed under section 311 of the Cr.P.C. in light of the compromise entered into by the parties and the subsequent application under section 320 of the Cr.P.C. The court directed the case to be listed for further orders, allowing the petitioner to submit a certified copy of the order before the trial Court.
Fact of the Case:
The petitioner filed a petition under section 482 of the Cr.P.C. against the trial Court's order rejecting an application filed under section 311 of the Cr.P.C. based on the parties' compromise and an application under section 320 of the Cr.P.C.
Finding of the Court:
The court directed the case to be listed for further orders, allowing the petitioner to submit a certified copy of the order before the trial Court.
Issues: Application under section 311 of the Cr.P.C., compromise between parties, application under section 320 of the Cr.P.C.
Ratio Decidendi: The court considered the compromise and subsequent application under section 320 of the Cr.P.C. in relation to the application under section 311 of the Cr.P.C.
Final Decision: The case was directed to be listed for further orders, and the petitioner was given the opportunity to submit a certified copy of the order before the trial Court.
JUDGMENT
Rohit Arya, J. - This petition, under section 482 of the Cr.P.C., has been filed against the order dated 22/12/2022 passed by the trial Court rejecting an application filed by the petitioner under section 311 of the Cr.P.C.
2. The said application was filed on the premise that parties have entered into compromise and an application under section 320 of the Cr.P.C.was filed on 8/12/2021.
3. At the request of learned Panel Lawyer, list this case for further orders in the week commencing 2/1/2023.
4. Petitioner, if so advised, may submit certified copy of this order before the trial Court on the next date i.e. 31/12/2022.
CC today.
