1 2025:CGHC:49345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1320 of 2024 1 - Manharan Sahu S/o Chintaram Sahu Aged About 57 Years R/o Village - Nandeli, P.S. - Jaijaipur, District - Janjgir-Champa (C.G.) 2 - Rajeshwar Sahu S/o Manharan Sahu Aged About 36 Years R/o Village - Nandeli, P.S. Jaijaipur, District - Janjgir-Champa (C.G.) 3 - Rameshwar Sahu S/o Manharan Sahu Aged About 27 Years R/o Village - Nandeli, P.S. Jaijaipur, District Janjgir-Champa (C.G.) ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Jaijaipur, District Janjgir-Champa (C.G.) ... Respondent(s) For Appellant(s) : Mr. R. L. Rajak, Advocate. For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/09/2025 1. The Criminal Appeal is filed by the appellants who are the accused persons in Special Sessions Case No. 62/2021, who have been convicted by the learned Special Judge (Atrocities), Janjgir, District Janjgir-Champa, vide its judgment of conviction and sentence dated 24.08.2023, whereby the appellants have been convicted and sentenced in the following manner: ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.16 19:13:52 +0530 2 Conviction Sentence Under Section 294 of IPC, 1860 (to Manharan Sahu/Appellant No. 1 Only) Fine of Rs. 2,000/- (in default of Rigorous Imprisonment for 10 days) Under Section 323 of IPC, 1860. To all appellants Fine of Rs. 1,000/- (in default of Rigorous Imprisonment for 05 days) Under Section 427 of IPC, 1860. To all appellants. Fine of Rs. 2,000/- (in default Rigorous Imprisonment for 10 days) 2. The prosecution case, in brief, is that on 11.06.2021, the complainant was being abused and assaulted by the accused persons by danda, hand and fist by which the complainant lodged report to the police at Jaijaipur, Police Station and the FIR Ex.P/1 for the offence Section 294, 506, 323 and 34 of IPC was registered. The motorcycle of the applicant was also damaged by the accused persons. After completion of investigation charge-sheet was filed against the accused persons for the offence under Sections 294, 506, 323, 427 and 34 of IPC and 3(1)(r)(s) and 3(2)(v)(a) of SC/ST Prevention of Atrocities Act, 1989. 3. The learned trial Court has framed charges against the accused persons for the offence under Sections 294, 506-II, 323/34 and 427 of IPC and Section 3(1)(r)(s) and 3(2)(v)(a) of SC/ST Prevention of Atrocities Act, 1989. The accused persons denied the charge and claimed trial. 4. In order to prove the charge, the prosecution has examined 9 witnesses and statement of the accused persons under Section 313 of Cr.P.C. have also been recorded. After appreciation of evidence led by the prosecution the learned trial Court has convicted the accused persons for the offence under Section 294, 323, 427 of IPC and sentenced them as mentioned in the earlier part of this judgment and they have been acquitted from the remaining charge. 3 5. During the pendency of the appeal, the parties have entered into compromise and an application under Section 359 of BNSS, 2023 supported by the affidavits of the accused persons as well as complainant have been filed on 20.08.2025. 6. As per the application filed under Section 359 of BNSS, 2023, the parties have submitted that they have amicably settled their dispute without any pressure coercion or undue influence and they are living peacefully in the village and decided not to pursue the matter further and prayed for compounding of the offence. 7. The complainant as well as accused persons appeared in person before this Court and on being asked they verified the compromise between them and the complainant does not want to prosecute his complaint further. 8. The offence of Section 323 of IPC is compoundable by the person to whom the hurt is caused and the offence of Section 294 of IPC is compoundable with the permission of the Court by the person against whom obscene act were done or obscene words were used likewise the offence of Section 427 of IPC is compoundable with the permission of the Court by the person to whom loss or damage is caused as provided under Section 320 of Cr.P.C. 9. Considering the facts and circumstances of the case, the nature of allegation and further that the parties have amicably settled their dispute they are residing peacefully in the village and the complainant does not want to prosecute the complaint further and they have verified their settlement also, this Court permitted the parties to compound the offence and the same is allowed the complaint is permitted to compound the offence. 10. In view of the compromise entered between the parties, the impugned judgment of conviction and sentenced dated 24.08.2023 passed by learned Special Judge Atrocities, Janjgir in Special Sessions Case No. 62/2021, is hereby set aside. 4 11. The compounding of the offence shall have the effect of acquittal of the accused persons/appellants of Criminal Appeal No. 1320/2024 from the offence of Sections 294, 323 and 427 of IPC. 12. With the aforesaid observation, the appeal is finally disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok