Research › Search › Judgment

Bombay High Court · body

2013 DIGILAW 631 (BOM)

Babasaheb s/o Ramchandra Sirsat v. State of Maharashtra

2013-03-13

K.U.CHANDIWAL

body2013
JUDGMENT K.U.CHANDIWAL, J. 1. Rule was issued on 17.7.2007. 2. Revision applicant Babasaheb and original complainant prosecutrix present, identified by the Advocates. 3. Conviction was recorded against revision applicant in SCC No.883/2002 on 10.10.2006 for offense under Section 354 of IPC, directing him to undergo rigorous imprisonment for two months and to pay fine of Rs.1,000/with default clause. Same was confirmed in appeal. 4. A request is made by present application to compound the matter by leave of the Court. Photostat copy of election card, duly signed by the Advocate, is tendered on record. 5. Hon'ble Supreme Court ( three Judges Bench) in the matter of Gian Singh Vs. State of Punjab ( (2012) 10 SCC 303 ) indicated parameters and guidelines in order to ensure compounding of cases by exercise of powers under Section 482 of Cr.P.C. by High Courts. In the said judgment, the Hon'ble Lordships have observed situations wherein such powers are to be exercised, and if the Court comes to a primary conclusion that there will not be ultimate purpose to continue with the criminal proceeding or it would tantamount to abuse of process. 6. The revision applicant has repented for the events that have taken place. Section 320(8) Cr.P.C. illustrate, the compounding of an offense under this Section shall have an effect of acquittal of the accused with whom offense has been compounded. The revision applicant and the original complainant are teacher, functioning in the same institution. They desire to maintain harmony, relations and healthy atmosphere. 7. Taking stock of above facts, the Criminal Revision Application (No.159/2007) is allowed. The conviction recorded by both the Courts against revision applicant is set aside. Criminal Application (No.5755/2012) is allowed. Revision applicant to deposit an amount of Rs.5,000/(Rs. five thousand) with High Court Legal Services Sub Committee, at Aurangabad, upto 20th March, 2013. Rule made absolute.