Vijay Bangad v. State Of Maha

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 147 OF 2003 Vijay s/o. Shriniwas Bangad ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents Mr. P.F. Patni, Advocate for the applicant.

Mr. S.G. Nandedkar, APP for respondent/State. Mr. R.P. Bhumkar, Advocate for respondent No.2. CORAM : SMT.SADHANA S. JADHAV,J.

DATED :

09.04.2015 P.C. :- 1.

Heard learned Counsel for the applicant and learned Counsel for the added respondent No.2. 2.

The applicant herein was convicted for the offences punishable under sections 447 & 427 of the Indian Penal Code by the J.M.F.C., Railways, Aurangabad and was sentenced to suffer rigorous imprisonment for one

( 2 ) month and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for 15 days. Being aggrieved by the said judgment and order, the applicant had filed Criminal Appeal No. 3 of 2001 before the Sessions Court at Aurangabad. Learned III Adhoc Addl. Sessions Judge, Aurangabad, vide judgment and order dated 16.04.2003, has been pleased to dismiss the appeal. Hence, this Criminal Revision Application.

3.

During the pendency of this Criminal Revision Application, the parties to the present application have amicably resolved the dispute. In order to maintain peace and harmony in the society as well as to maintain cordial relations between the parties, they have arrived at a compromise. The added respondent No.2 i.e. original complainant has filed an affidavit to that effect. The affidavit forms a part of the record.

4.

The offences punishable under sections 447 & 427

( 3 ) of Indian Penal Code are compoundable offences as contemplated under section 320 of Cr.P.C. Hence, this Court is inclined to permit the parties to arrive at a compromise and compound the said offences. The composition of offence amounts of acquittal and in view of this, the applicant herein is acquitted for the offences punishable under section 447 & 427 of the Indian Penal Code. His bail-bond stands cancelled. Fine amount, if paid, shall be refunded to the applicant. 6.

The Criminal Revision Application stands allowed and disposed of in above terms.

[SMT. SADHANA S. JADHAV,J.] snk/2015/APR15/crirev147.03