Girmalla Tipanna Kempwade v. Suresh Siddu Waghmare And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.52 OF 2005 Shri. Girmalla Tipanna Kempwade ...Appellant vs.

Shri. Suresh Siddu Waghmare and Anr.

...Respondents

***** Persons present through physically.

Mr. Sumit Kate i/b Dr. U.P. Warunjikar ...

Advocate for the Appellant.

Mr. N.R. Bubna, (VP in Appln No.2288/2004).

...

Advocate for the Respondent No.1 Mr. H.J. Dedhia ...

APP for Respondent - State.

Mr. Shailesh Deshpande ... Secretary, High Court Legal Services Authority present.

Mr. Chetan P. Bhagwat ... Deputy Registrar, Main Mediation, High Court present.

Persons present through virtually.

Mr. P.K. Nardele ...

Secretary, DLSA, Sangli.

Mr. Girmalla T. Kempwade ... Appellant present.

Mr. Suresh S. Waghmare ... Respondent No.1.

***** CORAM : S. M. MODAK, J.

DATE : 7th MARCH 2024 P. C. :- 1.

As directed by this Court on 10th January 2024 the dispute was referred to the District Legal Services Authority, Sangli for settlement through mediation.

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2.

Accordingly, learned Secretary, District Legal Services Authority, Sangli has called the Appellant and Respondent and through his efforts somehow, the parties could settle the dispute. The Respondent - Accused has paid Rs.25,000/- to the Appellant - Complainant. Consent Terms were arrived. It is forwarded to the Deputy Registrar (Mediation Work), Main Mediation Centre by the Secretary, DLSA, Sangli. Both are taken on record and marked as Annexure 'X'. 3.

Both the parties are virtually present along with learned Mediator. Also heard their respective Advocates present here. In view of that following order:--

ORDER

i) Appeal is disposed of in light of the Consent Terms. ii) As the matter is settled in mediation, payment of compromise charges as per the judgment in the case of Damodar S. Prabhu vs. Sayed Babalal H.1 are waived. iii) The efforts taken by the Learned Judge Mediator is really appreciated. It is for the reason the appeal is pending in this Court since long and inspite of the fact that the respondent/ 2010(5) SCC 668 2/3

accused was acquitted, he willingly paid the amount to the appellant and in fact, this is the real spirit of mediation process. It be informed to learned Principal District Judge, Sangali because the Learned Judge works under his supervision. So also this order be communicated to Learned Judge - Mediator.

4.

It is also true that learned Deputy Registrar - Shri Chetan Bhagwat has also taken pains in doing the follow-up. His efforts are also appreciable.

[S. M. MODAK, J.] 3/3