Achit Nilkanth Nandeshwar (In ... vs State Of Maharashtra, Through ...
2017 Latest Caselaw 1413 Bom

 CRI. APPEAL NO.542.14.odt                    1



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                    CRIMINAL APPEAL NO.542 OF 2014


 Achit Nilkanth Nandeshwar,
 Aged about 32 years,
 Occupation-Labour,
 R/o. Dodmazari (Tekepar),
 Tahsil and District-Bhandara.                     ..               APPELLANT



                               .. VERSUS ..


 State of Maharashtra,
 Through Police Station Officer,
 Bhandara.                                         ..            RESPONDENT


 Urmila w/o Manoj Shingade,
 Age about Major years,
 Occupation-Housewife,
 R/o. Dodmajri (Tekepad),
 Post-Amgao (Dighori),
 Tahsil and District-Bhandara.                     ..             INTERVENER


                    ..........
 Shri Mahesh Rai, Advocate for Appellant,
 Ms. T.H. Udeshi, APP for Respondent-State,
 Shri S.D. Chande, Advocate for Intervener.
                    ..........


                               CORAM : KUM. INDIRA JAIN, J.
                               DATED : APRIL 03, 2017.




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  CRI. APPEAL NO.542.14.odt                2
 ORAL JUDGMENT


                Parties are present in person along with their

 respective counsel.             They submit joint compromise pursis

 and confirm the contents of pursis.


 2]             Appellant was tried for the offences punishable

 under sections 307 and 504 of the Indian Penal Code.

 On conclusion of trial,            he came to be convicted of the

 offences punishable under Sections 325 and 504 of the

 Indian Penal Code and sentenced as under :



  Sr.  Conviction under Punishments
  Nos. sections
  1.        325, IPC                 Rigorous imprisonment for five
                                     years and fine of Rs.25,000/-.
  2.        504, IPC                 Rigorous imprisonment for one
                                     year and fine of Rs.2000/-.




 3]             Being aggrieved by the judgment and order of

 conviction dated 11.10.2014 passed by the learned Sessions

 Judge, Bhandara in Sessions Trial No.53/2012, appellant has

 come up before this court in the present appeal.


 4]             Parties are residents of the same village.                 They

 have decided to put an end to their grievances and maintain




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  CRI. APPEAL NO.542.14.odt               3
 harmonious relations in the interest of their families.


 5]             Since the allegations are personal in nature and no

 element of public law is involved, this court, for the reasons

 stated in joint pursis, finds it fit to accept the compounding

 of offences. Hence, the following order :

                                 ORDER

(i) The judgment and order dated 11.10.2014 in

Sessions Trial No.53/2012 convicting the accused of the

offences punishable under Sections 325 and 504 of the

Indian Penal Code is set aside and instead, accused is

acquitted of the said offences.

(ii) The bail bonds of accused shall stand cancelled.

(iii) Fine amount, if paid, shall be refunded.

(iv) Criminal Appeal stands disposed of in the above

terms.

(v) With the disposal of appeal, all pending criminal

applications are also disposed of.

 (vi)           No costs.



                                    (Kum. Indira Jain, J.)



 Gulande, PA