Parashram @ Ramdas Ramchandra Kedare And Another v. State Of Mah. Thorugh Police Station Officer, Risod

2024:BHC-NAG:9766 3.appeal.55.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.55 OF 2018 (Parashram @ Ramdas Ramchandra Kedare and anr. Vs. The State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R.M. Tahaliyani, Advocate for the appellants. Mr. Gohokar, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- AUGUST 27, 2024 By preferring this appeal, the appellant have challenged the judgment and order of conviction dated 04/01/2018 passed by the Additional Sessions Judge, Washim in Special Atrocity Case No.122/2015 by which the appellants are convicted of the offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer simple imprisonment for a period of six months and to pay fine of Rs.500/- in default of payment of fine he shall suffer further simple imprisonment for seven days. As far as the offence punishable under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is concerned they are acquitted from the charges.

2.

During the pendency of the appeal, both parties arrived at a settlement. They are from the same village and they have given their grievances and they have filed Criminal Application No.701/2024 for compounding of the offences.

3.appeal.55.18.odt 3.

Both the parties i.e. the original accused and the complainant are present before the Court. The offence punishable under Section 323 of the IPC is compoundable and covers under table 1 given under Section 320 of the Cr.P.C.

4.

Considering the amicable settlement between the parties, the appeal is to be disposed of by acquitting the appellants. In view of that, I proceed to pass the following order:

(i) The offences against the present appellants are compounded.

(ii) The appellants are acquitted from the offence punishable under Section 323 of the IPC.

5.

The appeal is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya