Bombay High Court
Sau Preeti W/O Mahesh Sonnar And Another vs The State Of Maharashtra on 3 May, 2024
2024:BHC-AUG:9571
218.2015REV+
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 CRIMINAL REVISION APPLICATION NO. 218 OF 2015
MAHESH LAXMANRAO SONNAR AND OTHER.
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
.....
Advocate for Applicants : Mr. Jagiasi Shyamsunder H.
APP for Respondent/State : Mrs.Pratibha J. Bharad
Advocate for Respondent no.2 : Mr.M.P. Kale
.....
WITH
CRIMINAL APPLICATION NO. 787 OF 2016
IN REVN/218/2015
SAU PREETI W/O MAHESH SONNAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA.
.....
Advocate for Applicant : Mr. Kale Mahesh P.
APP for Respondent/State : Mrs.Pratibha J. Bharad
Advocate for respondent nos.1 to 4 : Mr.S.H. Jagiasi
.....
CORAM : SANJAY A. DESHMUKH, J.
DATED : 3rd MAY, 2024.
PER COURT :-
1. Not on board. On being mentioned taken on board.
2. The learned advocates for both the sides submit that the
compromise has been taken place and the compromise decree is
passed in Special Civil Suit No.3 of 2018. A photocopy of the said
decree is submitted on record, which is marked as "X-1".
3. The learned advocate for the applicants and respondent
218.2015REV+
no.2 pointed out that applicant - Mahesh and others were acquitted
from the charges under sections 498-A and 504 read with section 34
of the Indian Penal Code in Regular Criminal Case No.481 of 2008
by Judicial Magistrate, First Class, Sonpeth vide judgment and order
dated 10.10.2012. Thereafter Criminal Appeal No. 29 of 2012 was
preferred by the respondent-wife. Appeal was allowed and accused
nos.1 to 4 were held liable only for the offence punishable under
section 498-A of the Indian Penal Code.
4. In the compromise, the numbers of this revision as well as
application is mentioned in para no.6. The informant agreed to
withdraw the said allegations and charge under section 498-A of the
Indian Penal Code etc.
5. In view of the compromise and the set of facts of the case,
it would be proper to set aside the impugned judgment and order
dated 25.11.2015 in Criminal Appeal No.29 of 2012 passed by the
learned Additional Sessions Judge, Gangakhed. It is set aside
accordingly.
6. In view of the above, the Criminal Revision Application
No.218 of 2015 is partly allowed and conviction of the applicants
under section 498-A of the Indian Penal Code is quashed and set
aside.
7. In view of the compromise in Special Civil Suit No.3 of 2018
as well as submissions of both the sides, the amount of Rs.17,500/-
218.2015REV+
deposited by respondent nos.1 to 4 in the Court of the learned
Additional Sessions Judge, Gangapur in Criminal Appeal No.29 of
2012 be paid to applicant no.1.
8. In view of above, Criminal Application No.787 of 2016 is
also disposed of.
(SANJAY A. DESHMUKH, J.)
sga
