Allowed

Rachel D. Albuquerque v. Chetan Kumar Momaya and Anr.

Bombay HC21 Nov 2014REVN/161/2014

Case brief

AI extract

What is this about?

In Criminal Revision Applications 161/2014 and 163/2014, the High Court of Bombay Criminal Appellate Jurisdiction allowed leave to compound the offences on finding that the dispute was amicably settled and compensation was paid by the applicant, resulting in the applicants being acquitted.

What did the court decide?

Leave to compound the offence was granted. The order of conviction and sentence were set aside. The applicants stand acquitted. Compounding of the offence was confirmed.

Rachel D. Albuquerque Vs Chetan Kumar Momaya… — Contract and Commercial Disputes | Bombay HC (2014)

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revn-161-14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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rpa

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CRIMINAL REVISION APPLICATION NO.161 OF 2014 WITH CRIMINAL REVISION APPLICATION NO.163 OF 2014

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Rachel D. Albuquerque .. Applicant Vs. Chetan Kumar Momaya & Anr. .. Respondents

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Ms.S.H. Rajak, Advocate for the Applicant. Ms.Anamika Malhotra, A.P.P. for Respondent – State. Mr.Vivek Sharma, Advocate for Respondent No.1.

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CORAM : ABHAY M. THIPSAY, J.

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DATED : NOVEMBER 21, 2014.

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P.C. :

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Heard Ms.Rajak, the learned counsel for the applicant. Heard Ms.Malhotra, the learned A.P.P. for the respondent – State of Maharashtra.

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2 The learned counsel for the respondent no.1 – original complainant – confirms that the applicant has paid an additional amount of Rs.20,000/- (Rupees Twenty Thousand) to the respondent no.1.

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3 It is submitted that the matter has been amicably settled

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between the parties in respect of both the complaint cases which are the subject matter of the present revision applications.

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4 The parties are present in person. By questioning them, I have satisfied myself that the parties have indeed settled the dispute amicably and are seeking composition of the offence.

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5 Under the circumstances, both the revision applications

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are admitted and by consent disposed of as follows:

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:: O R D E R IN REVISION APPLICATION NO.161 OF 2014 ::

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(1) Leave to compound the offence granted.

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(2) In view of this, the order of conviction, as recorded by the learned Magistrate and the sentence imposed by him is set aside.

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(3) The offence is compounded.

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(4) The applicant stands acquitted.

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:: O R D E R IN REVISION APPLICATION NO.163 OF 2014 ::

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(1) Leave to compound the offence granted.

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(2) In view of this, the order of conviction, as recorded by the

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learned Magistrate and the sentence imposed by him is set aside.

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(3) The offence is compounded.

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(4) The applicant stands acquitted.

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(ABHAY M. THIPSAY, J.)

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Rachel D. Albuquerque v. Chetan Kumar Momaya and Anr.

Case brief

What is this about?

What did the court decide?

Rachel D. Albuquerque v. Chetan Kumar Momaya and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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