Order on Board

1. Heard on I.A. No.01/2025, application under Section 359 of BNSS, for compounding the offence based on the compromise reached between the parties.

2. The trial Court i.e. the Special Judge (Atrocities), Kanker, District North Bastar Kanker, Chhattisgarh, vide impugned judgment dated 21.06.2023 passed in Special Criminal Case No.53/2022, has convicted the appellant Prateek Soni @ Boni for the offence under Section 323 of the IPC and sentenced to undergo simple imprisonment for one month with fine of Rs.100, in default of fine to undergo additional SI for 10 days. However, the trial Court has acquitted the appellant of the offence under Section 3(2)(va) of the Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act.

3. In this appeal against the appellant’s conviction under Section 323 of the IPC, the injured Vinod Prasad Tiwari, is present in person before this Court and he has submitted an affidavit. When questioned, the injured stated that he entered into the compromise voluntarily and without any pressure.

4. Learned counsel for the appellant prayed that the application may be allowed and the appellant may be acquitted of the aforesaid offence as the injured has entered into the compromise voluntarily.

5. Learned State counsel does not have any objection.

6. Heard learned counsel for the parties and perused the record.

7. Taking into consideration the fact that offence under Section 323 of the IPC is compoundable and looking to the facts and circumstances of the case including the statement made by the injured before this Court, I.A. No.01 is hereby allowed. Consequently, Appellant Prateek Soni is acquitted of the offence under Section 323 of the IPC.

8. Accordingly, the criminal appeal stands disposed of. The bail bonds and sureties of the appellant stand discharged.

9. Record of the trial Court along with the copy of this order be sent back forthwith for compliance and necessary action, if any.