Sudhir Laxmanrao Parve v. State Of Maharashtra, Through P.S.O. P.S. Bhiwapur, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPR] No.192 of 2015 IN Criminal Revision Application No. 132 of 2015 [Sudhir Laxmanrao Parve Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Lubhesh Meshram, Adv., for the Applicant in APPR 192/15. A.S. Kilor, Adv., for the Bhalotia, Adv., for the applicant in Revision Application.

Ms. Hiwase, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

21st December, 2015.

In Criminal Appeal No. 133 of 2015, by Judgment and Order dated 13th October, 2015 passed by learned Additional Sessions Judge-5, Nagpur, the present revision applicant was ultimately convicted of offence under Section 323, Indian Penal Code, and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/-, in default, further Simple Imprisonment for fifteen days.

In this Revision, the said Judgment is under challenge by the appellant before the Additional Sessions Judge.

During the pendency of this Revision Application, the complainant, who is present in the Court, has been interviewed and he states that in order to maintain cordial relations between the applicant and himself, he is willing to apply for compounding. Hence he has filed this application, supported by additional affidavit, which is taken on record in support of the Criminal Application No. 192 of 2015.

Heard learned counsel for the rival parties.

This Court is satisfied that the parties should be allowed to compound the offence under Section 323, Indian Penal Code, for which Revision Applicant has been convicted. In that view of the matter, the following order is passed:-

O R D E R

[a] Criminal Revision No. 132 of 2015 is allowed.

[b] The impugned Judgment and Order dated 13th October, 2015 passed by learned Additional Sessions Judge-5, Nagpur, in Criminal Appeal No. 133 of 2015 convicting the appellant Sudhir Laxmanrao Parve of offence punishable under Section 323, Indian Penal Code and sentencing him to undergo Simple Imprisonment for three months and to pay a fine of Rs. 1,000/-, in

default, further Simple Imprisonment for fifteen days is set aside and the Revision Applicant is acquitted of the said charge.

[c] Criminal Application [APPR] No. 192 of 2015 is consequently disposed of.

Judge |hedau|