Khagesh S/O Parshuram Gaidhane ... vs State Of Mah., Thr. Ps Aroli, ...
2021 Latest Caselaw 3219 Bom

                                                            (1)                                                                 922.CRI.WP.191.2020

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

                                     CRIMINAL WRIT PETITION NO.191 OF 2020
                                  Khagesh S/o Parshuram Gaidhane and others.
                                                       Vs.
                       State of Maharashtra through P.S.O. Aroli, Tq. Mauda, Dist. Nagpur.
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                                               Shri A. S. Fulzele, Addl. P. P. for the respondent.


                                                                       CORAM : SUNIL B. SHUKRE AND
                                                                               AVINASH G. GHAROTE, JJ.

DATED : 18/02/2021

1. Nobody is present for the petitioners.

2. Heard Shri Fulzele, learned Addl. P. P. for the

respondent/State.

3. The petitioners have filed this petition

seeking quashing of the conviction of the petitioner nos.1

to 3 recorded by the Sessions Court in Sessions Trial

No.150 of 2010 for offences punishable under Sections

147, 148, 324 and 307 read with Section 149 of IPC, on

the ground that after the conviction and pendency of the

appeal filed against the conviction, petitioner no.4, the

(2) 922.CRI.WP.191.2020

complainant has entered into an out of Court settlement

and amicably with petitioner nos.1 and 3.

4. Shri Fulzele, learned Addl. P. P., points out

that similar issue was referred by another Division Bench

for its resolution by framing a specific question to the

effect that when the prosecution had culminated in a

conviction, whether the prosecution/conviction could be

set aside on the ground of settlement between the

convict and the victim/complainant by invoking inherent

power of this Court under Section 482 of Cr. P. C. to a

Larger Bench and the Larger Bench has answered the

question by observing that ordinarily, such an exercise

would not be permissible and it would be a sound

principle of law that in such a case, the convict and the

complainant approached the Appellate Court where the

appeal filed against conviction is pending. This reference

has been answered by a Full Bench of this Court in

Criminal Application No.709 of 2020 decided on

05.01.2021, so submits learned Addl. P. P.

(3) 922.CRI.WP.191.2020

5. We have gone through the judgment of the

Full Bench and we find at this stage that there is a great

substance in the argument of learned Addl. P. P.

However, as learned counsel for the petitioners is not

present before this Court, we would like to give an

opportunity to the petitioners to address this Court on

the doubt expressed by the learned Addl. P. P., in view of

Full Bench judgment dated 05.01.2021 rendered in

Criminal Application No.709 of 2020.

6. If on the next date, nobody appears on

behalf of the petitioners, it would be presumed by this

Court that the petitioners are conceding to the position

of law pointed out to this Court by the learned Addl. P. P.

and agreeing with the doubts so expressed by him and

accordingly this Court would proceed to finally decide

the petition.

                                  Stand over to 26.02.2021




                                  JUDGE                          JUDGE


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