Ashok @Bhausaheb S/O. Kisan Kasar ... vs The State Of Maharashtra And Anr
2023 Latest Caselaw 5578 Bom

                                                               630.2020APPLN
                                     -1-


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

              947 CRIMINAL APPLICATION NO.630 OF 2020

      ASHOK @BHAUSAHEB S/O. KISAN KASAR AND OTHERS
                         VERSUS
           THE STATE OF MAHARASHTRA AND ANR
                                       ...
       Advocate for Applicants : Mr.N.B. Narwade h/f Mr.S.R. Zambare
                   APP for Respondent/State : Mr.A.R. Kale
      Advocate for respondent no.2 : Ms.Suprabha A. Nagode h/f Mr.R. R.
                                     Karpe
                                      .....

                                CORAM : R.G. AVACHAT AND
                                        SANJAY A. DESHMUKH, JJ.

DATED : 14th JUNE, 2023.

PER COURT :-

1. This application has been moved for quashment of order

of conviction and consequential sentence passed in R.T.C. No.64 of

2001. The applicants have been convicted for the offence punishable

under section 326 r/w 34 of the Indian Penal Code and therefore,

sentenced to suffer rigorous imprisonment for one month and fine

with default stipulation.

2. The applicants have preferred appeal against the order of

conviction and consequential sentence. Before the Appellate Court,

the applicants, informant and injured arrived at a settlement. They

moved joint motion before the appellate Court for endorsement of the

630.2020APPLN

compromise. The appellate court has rightly not endorsed the said

compromise since the offence under section 326 of the Indian Penal

code is not compoundable. The present application has therefore

been moved.

3. The learned advocate for the applicants has relied upon the

judgments of the Hon'ble Apex Court in the case of (i) Unnikrishnan

@ Unnikuttan Vs. State of Kerala reported in (2017) AIR (SC) 1745

and (ii) Bipin Kumar and others Vs. State of Bihar and another

reported in (2018) All SCR (Cri) 1439.

4. Since it was offence against human body and victims have

come around to settle the matter with a view to give a chance, we

endorse the compromise. In view of the same, the order of conviction

and consequential sentence passed in R.T.C. No. 64 of 2001 by the

Judicial Magistrate, First Class, Ahmednagar is hereby quashed and

set aside. The applicants stand acquitted of the offence punishable

under section 326 r/w 34 of the Indian Penal Code, subject to costs of

Rs.25,000/- (Rs. Twenty Five Thousand), to be deposited by the

applicants in National Law University, Aurangabad, within a period of

one week. Amount of fine, if paid, be paid back to the applicants.

630.2020APPLN

5. List this matter on 21st June, 2023 for compliance of the

order.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)

sga/