Devidas S/O Maroti Phad vs The State Of Maharashtra
2023 Latest Caselaw 8425 Bom

2023:BHC-AUG:17749
                                                1                   982-Cri.Rev.Appln.30-15.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                          982 CRIMINAL REVISION APPLICATION NO.30 OF 2015

                                           DEVIDAS S/O MAROTI PHAD
                                                    VERSUS
                                          THE STATE OF MAHARASHTRA

                                                      ...
                               Advocate for Applicant : Mr. Jadhavar Aashish T.
                               APP for Respondent-State : Ms. V. N. Patil-Jadhav.
                                                      ...

                                                 CORAM :     S. G. MEHARE, J.
                                                 DATE :      19.08.2023

                     PER COURT :-


                     1.      Heard the learned counsel for the applicant and learned

                     APP for the respondent-State.


                     2.      The applicant/accused has been convicted for the

                     offence punishable under Section 324 of the IPC and sentenced

                     to suffer R.I. for six months and to pay fine of Rs.5,000/-.

                     Now, the injured and the accused have filed a joint affidavit for

                     compounding the offence and sought the leave to compound

                     the offence. Affidavit be made the part of the record as

                     'Annexure-A'.


                     3.      The injured Dnyanoba S/o Bhavanji Mundhe, who has

                     suffered the injury and the accused are present before the

                     Court. They affirm the contents of the affidavit. The injured




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                                  2                   982-Cri.Rev.Appln.30-15.odt



     affirms the fact of compounding the offence and seeking leave

     to compound the offence.


     4.      The incident happened on 02.12.2003.                 When the

     incident happened, the offence under Section 324 of the IPC

     was compoundable by the injured person with the leave of the

     Court. The injured and the applicant/accused are close

     relatives. They have voluntarily compounded the offence.

     Considering their age and amicable settlement, leave granted

     to compound the offence. Hence, the following order :


                                     ORDER

(i) Criminal Revision Application stands allowed.

(ii) The sentence imposed upon the applicant by the

learned Judicial Magistrate First Class, Gangakhed

for the offence punishable under Section 324 of

the IPC in RCC.No.7 of 2004 by his judgment and

order dated 02.11.2012 for the crime bearing

No.156 of 2003, registered with Police Station

Gangakhed, District Parbhani and confirmed by

the learned Additional Sessions Judge, Gangakhed

in Criminal Appeal No.28 of 2012, by its judgment

3 982-Cri.Rev.Appln.30-15.odt

and order dated 27.01.2015 stands quashed and

set aside.

(iii) The parties have compounded the offence

voluntarily. Hence, fine amount be returned to the

accused.

(iv) Bail and surety bonds stand cancelled.

(v) The surety stands discharged.

(vi) Record and Proceedings be returned to the Court

of learned Judicial Magistrate First Class,

Gangakhed.

(S. G. MEHARE, J.)

...

vmk/-