This is an oral judgment where the appellant, the original complainant in an IPC 494 case, appealed against an acquittal. The parties resolved the dispute amicably. The court granted leave to compound the offence and dismissed the appeal by discharge.
Leave to compound the offence granted; offence compounded; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
901-APPEAL-1307-2013-APPA-1364-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1307 OF 2013 WITH CRIMINAL APPLICATION NO.1364 OF 2015 IN CRIMINAL APPEAL NO.1307 OF 2013
SUCHITA DINESH PATIL )...APPELLANT
V/s.
DINESH SITARAM PATIL AND ANR. )...RESPONDENTS
Shri Omkar Nagvekar i/b. Smt.Prabha Badadare, Advocate for the Appellant.
Shri Suhas Deokar a/w. Shri C.G.Gavnekar, Advocate for Respondent No.1.
Smt.M.R.Tidke, APP for the Respondent - State.
CORAM : ABHAY M. THIPSAY, J. DATE : 28th OCTOBER 2015.
ORAL JUDGMENT :
1 The appellant is the original complainant. She had
filed a complaint against respondent no.1 herein and eight others,
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alleging commission of offences punishable under Section 494 of the IPC and Section 494 read with Section 109 of the IPC. After holding a trial, the learned Judicial Magistrate, First Class, held respondent no.1 guilty of an offence punishable under Section 494 of the IPC, but acquitted the other accused. When respondent no.1 appealed to the court of Sessions, the court of Sessions allowed the appeal and acquitted him. Being aggrieved by the said order of acquittal, the original complainant has filed the present appeal, which has already been admitted.
2 During the pendency of the appeal, the parties have resolved the dispute between them. An application seeking leave to compound the offence in question has been filed by the parties. Additionally, the original complainant has also filed an affidavit, which is taken on record.
3 I am satisfied that the parties have resolved the dispute amicably. The offence in question is compoundable with the permission of the court. After considering all the relevant
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aspects of the matter, I think it fit to permit the parties to compound the offence. That, respondent no.1 is already acquitted cannot be an impediment to permit compounding, as, in my opinion, while considering the grant of leave to compound the offence, whether the offence had indeed taken place, need not be examined. As per the notion of the parties, it had taken place, and the same is being compounded.
4 Leave to compound the offence, granted.
6 In view of this, nothing survives in the appeal, which stands dismissed.
7 The appeal, as well as the application for leave to compound the offence, both stand disposed of in the aforesaid terms.
(ABHAY M. THIPSAY, J.)
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CERTIFICATE
Certified to be true and correct copy of the original
signed Judgment / Order.
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SUCHITA DINESH PATIL
DINESH SITARAM PATIL
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
