Allowed

Dnyaneshwar Keshav Kachgunde v. the State of Mah and Anr.

Bombay HC22 Nov 2013REVN/5/2013

Case brief

AI extract

What is this about?

This court allowed a compromise in a criminal revision application. Upon satisfaction of an amicable settlement between parties and receipt of a leave to compound offence, the conviction and sentence were set aside, the applicant was acquitted, and the imposed deposit of Rs. 50,000 awarded to the respondent.

What did the court decide?

Leave to compound the offence granted; conviction and sentence set aside; applicant acquitted; deposit of Rs. 50,000 awarded to respondent no.2.

Dnyaneshwar Keshav Kachgunde Vs the State of Mah and Anr. — Bombay HC (2013) — LawSathi Research

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Revision Application No. 5 of 2013

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Dnyaneshwar Keshav Kachgunde, Age : 56 years, Occupation : Agriculture, R/o. Ashwamba, Taluka : Parli-Vaijnath, At present Peth Galli (house of Sonwane Teacher), Parli, District : Beed. .. Applicant.

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versus

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The State of Maharashtra.

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Trimbak Kundalik Gavane, Age : 62 years, Occupation : Agriculture, R/o. Wagholi, Taluka : Dharur, District : Beed. .. Respondents

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Mr. S.H. Jagiasi, Advocate, for the applicant.

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Mr. P.N. Muley, Additional Public Prosecutor, for the respondent no.1.

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Mr. S.J. Salunke, Advocate, for the respondent no.2.

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CORAM : ABHAY M. THIPSAY, J. DATE : 22ND NOVEMBER 2013

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(2)

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ORAL ORDER :

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Heard the learned Counsel for the applicant. Heard the learned Additional Public Prosecutor for the respondent no.1. Heard the learned Counsel for the respondent no.2.

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The learned Counsel for the parties inform me that, during the pendency of the present Revision Application, the parties have amicably settled the dispute between them. An application seeking leave to compound the offence, in question, is submitted by the parties, duly signed by the Revision Applicant, the Counsel for him, and the Counsel for the respondent no.2.

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After hearing the learned Counsel for the parties, I am satisfied that, the matter has indeed been amicably settled between the parties. In my opinion, this is a fit case where leave to compound the offence should be granted. Leave to compound the offence accordingly granted.

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In view of this, the order of conviction of the applicant and the sentence imposed upon him, is set aside.

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The offence is compounded. The applicant stands acquitted. The amount of Rs. 50,000/- (Rupees fifty thousand) deposited by the applicant, in this Court, shall be handed over to the respondent no.2 herein, or to his constituted attorney in terms of the compromise.

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(3)

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The Revision Application is disposed of in the aforesaid

terms.

( ABHAY M. THIPSAY )

JUDGE

bgp/crirevn5.13

Dnyaneshwar Keshav Kachgunde v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Dnyaneshwar Keshav Kachgunde v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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