Disposed

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

Bombay HC21 Nov 2014REVN/163/2014

Case brief

AI extract

What is this about?

The High Court of Bombay, Criminal Appellate Jurisdiction, admitted and disposed of two criminal revision applications by consent. The court found the dispute had been amicably settled with an additional payment, granted leave to compound the offence, and acquitted the applicants.

What did the court decide?

Leave to compound offences granted; convictions and sentences set aside; applicants acquitted.

Rachel D. Albuquerque Vs Chetan Kumar Momaya… — Civil Procedure and Limitation | 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

Case details

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