IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 18 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 14821 of 2023 GOPAL DHAKAD Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Bal Krishna Sharma - Advocate for the petitioner.

Shri Gaurav Mishra- Advocate for the respondents No. 2 to 6.

Shri Satendra Singh Sikarwar - PP for the State.

ORDER The instant petition has been filed by the petitioner under Section 482 of the Cr.P.C. seeking recall of the order dated 01.03.2023 passed in Cr.R.No.427/2021.

Brief facts of the case are that the complainant on 05.06.2009, lodged a report stating that on the same day, in the morning at about 08.00.am, Pratap Singh/respondent No.3, came to the petitioner over the dispute of grazing of cattle, started quarreling with the petitioner. The matter arose, and the respondent No.3 along with other co-accused persons/respondents No. 2 to 6 herein, with common intention brought wooden sticks, iron rods and other weapons and started committing marpeet with the petitioner and his father. The father of the petitioner and petitioner himself was brutally beaten by the respondents No.2 to 6. When, mother and wife of the present petitioner, came to intervene and save them, the respondents No. 2 to 6 committed marpeet with them also. The present petitioner, his father, mother and wife, all sustained injuries in the aforesaid incident. Accordingly, offence under Section 324, 147, 148, 149, 323 of IPC and Section 325 of IPC was registered against the respondents No. 2 to 6 at Crime No.97/2009 at P.S. Pohari, District Shivpuri. Subsequently, the respondents No. 2 to 6 were convicted by the competent trial court. They preferred the appeal, which was dismissed and the order of conviction of the respondents No. 2 to 6 was affirmed. Thereafter, the respondents No. 2 to 6 preferred a Criminal Revision before this Court and the same was disposed of vide order dated

01.03.2023 on the basis of compromise.

Learned counsel for the petitioner submitted that the instant petition has been preferred to recall the order dated 01.03.2023 on the basis that the wrong facts presented before this Court. All the injured persons were not present before the Court to assert the factum of compromise. But, the aforesaid Criminal Revision was disposed of and the accused persons were set free of the charges on the basis of compromise, only on the basis of the averments advanced by the counsel for respondent No.2. Even, respondent No.2, therein, was also not present on 01.03.2023, before the Court. As referred above, there were totally four injured persons but, none of them was present before this Court and on the basis of the wrong facts, the accused persons have availed the benefit of being discharged of all the charges. Hence, the instant may be allowed and the order dated 01.03.2023 passed in Cr.R. No.427/2021 be called.

Learned counsel for the respondents No.2 to 6, opposed the prayer and prayed for its rejection by submitting that it is just abuse of process of law. Once, the court has passed an order considering all the facts and circumstances of the case, then no case for review/recall is made out. The petitioner, just to exert undue pressure and avail some mischieveous benefit, is again agitating the matter.

Learned counsel for the State also opposed the prayer and prayed for its rejection.

Heard counsel for the rival parties and perused the entire record.

The present petition has been filed on the ground that the compromise was accepted without the presence and verification of all the injured persons and that incorrect facts were placed before the Court.

Now, the primary question before this Court for adjudication is that whether this Court, in exercise of its inherent powers under Section 482 Cr.P.C., can recall its earlier order dated 01.03.2023, which was passed on the basis of compromise, when it is demonstrated that the compromise was neither genuine nor properly verified?

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