Dashrath Ramchanedra Ghorpade vs The State Of Maharashtra And Anr
2021 Latest Caselaw 10216 Bom

          Digitally
          signed by
                                                                              2. REVN.595-2018.doc
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2021.08.05
          15:07:43
          +0530                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                CRIMINAL REVISION APPLICATION NO. 595 OF 2018


                       Dashrath Ramchandra Ghorpade                      ...Applicant
                            Versus
                       1. The State of Maharashtra
                       2. Shaikh Sarfaraz Ahemd (Deceased)
                       3. Farhad Jabeen Shaikh
                       4. Shahin Shaikh                                  ...Respondents

                       Mr. Sachin H. Deokar for the Applicant.

                       Ms. P.P.Shinde, A.P.P for the Respondent No.1-State.

                       Mr. Sanjay Bhojwani for the Respondent Nos.3 and 4.


                                                  CORAM : REVATI MOHITE DERE, J.

DATE : 3rd AUGUST, 2021

P.C. :

1. At the outset, learned Counsel for the Applicant seeks leave to

amend the cause title of the aforesaid Revision Application as permitted by

this Court vide order dated 26th April, 2021. Leave granted. Amendment

to be carried out during the course of the day.

2. Learned Counsel for the Applicant and learned Counsel for the

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Respondent Nos.3 and 4 (only legal heirs of the Respondent No.2) state

that both the parties i.e. the Applicant and Respondent No.2 have amicably

settled their dispute and have entered into Consent Terms. Learned

Counsel for the Respondent Nos.3 and 4 have tendered the Consent Terms

entered into between the Applicant and the said Respondents (only legal

heirs of the Respondent No.2). The said Consent Terms is taken on record

and marked as 'X' for identification.

3. From a perusal of the Consent Terms, it appears that the parties

have settled their disputes on certain terms and conditions. The dispute

settled is for an amount of Rs.12,72,000/-. It appears that the Applicant had

deposited Rs.6,50,000/- in the Sessions Court, Pune and Rs.6,22,000/- in

the Registry of this Court. In the said Consent Terms, the Applicant has

given his no objection to the Respondent Nos.3 and 4 (only legal heirs of

the Respondent No.2) to withdraw the aforesaid amounts deposited by the

Applicant in the Registry of the Sessions Court, Pune and in the Registry of

this Court, alongwith accrued interest thereon, if any. Similarly, the

Respondent Nos.3 and 4, by the said Consent Terms have also given their

no objection and consented for compounding the offence and quashing and

setting aside the impugned judgment and order passed by the Trial Court as

well as by the Appellate Court. Learned Counsel for the Applicant

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identifies the signature of the Applicant as it appears on the Consent Terms

and learned Counsel for the Respondent Nos.3 and 4 also identifies the

signature of the Respondent Nos.3 and 4, who are the only legal heirs of

the Respondent No.2.

4. In view of the Consent Terms arrived at by and between the

parties, the Revision Application is allowed and the Judgment and Order

dated 19th September, 2015 passed by the 18 th Judicial Magistrate First

Class, Pune in SCC No. 12346 of 2011 as well as the Judgment and Order

dated 31st October, 2018 passed by the Sessions Court, Pune, in Criminal

Appeal No. 520 of 2015, confirming the conviction of the Applicant are

quashed and set aside.

5. The Respondent Nos.3 and 4 are permitted to withdraw the

amounts of Rs.6,50,000/- and 6,22,000/- from the Registry of the Sessions

Court, Pune, and the Registry of this Court, respectively, alongwith accrued

interest if any, thereon, on showing proof of their identity.

6. The Applicant to deposit sum of Rs.25,000/- with the Bar

Council of Maharashtra and Goa Covid-19, Fund. The said amount to be

deposited within two weeks of uploading of this order.

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                                                                     2. REVN.595-2018.doc

7. Revision Application is allowed on the aforesaid terms and

conditions and is accordingly disposed of.

8. Matter to be listed for recording compliance of the deposit of

Rs.25,000/- with the Bar Council of Maharashtra and Goa Covid-19, after

two weeks.

9. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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