Shekhar Vitthal Mokate v. The State Of Maharashtra And Another

2024:BHC-AUG:16237-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

918 CRIMINAL APPLICATION NO. 2951 OF 2024 Shekhar Vitthal Mokate ....Applicant

Versus

The State of Maharashtra And Another .....Respondents .....

Mr. Sandip R. Sapkal, Advocate for Applicant Mr. A. D. Wange, APP for Respondent / State Mr. D. D. Pokharkar, Advocate for Respondent No.2 .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated : July 30, 2024 PER COURT :- .

The Applicant and Respondent No.2 / Informant are personally present in the Court.

2.

Heard learned Advocate for the Applicant, learned APP for the State and learned Advocate for Respondent No.2. 3.

Learned Advocate for the Applicant submits that the parties have arrived at amicable settlement and the Application was moved before the learned Trial Court for compounding of offences punishable under Sections 323, 504 and 506 of the Indian Penal Code and the Trial Court has passed the order on 27.09.2023 and acquitted the Applicant of the offence punishable under Sections 323, 504 and 506 of the IPC vide Section 320 (8) of the Code of Criminal Procedure. He further submits

that the offence now remains only under Sections 354-A and 452 of the I.P.C.

4. The joint affidavit sworn in by the Applicant and the Informant / Respondent No.2 is placed on record. The same is taken on record and marked as Exh. 'X' for the purpose of identification. 5.

Perusal of the same show that the Applicant and Informant / Respondent No.2 had settled the dispute. It is further averred that the Informant / Respondent No.2 has withdrawn the allegation made against the Applicant.

6.

In view of the above factual aspects, no purpose would be served if the Applicant is made to face the trial for the offence punishable under Sections 354-A and 452 of the IPC and hence, we proceed to pass the following order:

ORDER

(i) The Application is allowed in terms of prayer clause 'B' subject to costs of Rs.10,000/- (Rs.Ten Thousand Only) to be paid by the Applicant in the office of High Court Legal Services, Sub-Committee, Aurangabad within a period of one week from today.

(ii) List the Application for reporting compliance on 13.08.2024. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 01/08/2024 11:16:48