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Judgment
The applicants, namely, original accused Nos. 1 and 2 stood convicted under Section 325 read with 34 IPC in connection with the crime registered pursuant to FIR No.340 of 1998 dated 08.12.1998, P.S. Kanwan, Distt. Dhar, Madhya Pradesh and were sentenced to suffer imprisonment for six months. Their conviction and sentence stood affirmed by this Court by dismissal of SLP(Crl.) No.934 of 2018 preferred by the present applicants along with original accused No.3 on 11.05.2018.
The present applicants have since then entered into a compromise with the original-complainant on 06.10.2018 and have now preferred present M.A. No.3203/2018 for recalling of the order dismissing their special leave petition.
We have gone through the memorandum of compromise which has been placed on record. Ms. T. Archna, learned counsel appearing on behalf of complainant submits that she has been instructed by her client that such compromise as a matter of fact has been entered into and the parties have settled the matter.
The offence in question, was a compoundable one. After having gone through the record, we see no reason why the applicants be denied the benefit of composition of the offence in question.
We, therefore, recall our order dated 11.05.2018 in so far as the present applicants are concerned.
Leave granted.
We take the compromise on record and afford the benefit under Section 320 Cr.P.C. and declare the offence to have been compounded. Consequently in terms of Section 320(8) Cr.P.C., the applicants stand acquitted of the charges.
This Miscellaneous application and the appeal stand allowed in so far as the present applicants-appellants are concerned.
Pending applications, if any, shall also stand disposed of.