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2023 DIGILAW 74 (BOM)

Santosh Naik v. Suresh Naik

2023-01-05

BHARAT P.DESHPANDE

body2023
JUDGMENT 1. Heard learned Counsel for the parties. 2. The appellant as well as the respondents are present in person. The Consent Terms are filed duly signed by the respective parties and their advocates. Consent Terms declare that the appellant and respondent Nos.1, 2, and 3 amicably settled their differences/dispute with regard to the matter in the present appeal and respondents without prejudice to their rights, compensated the appellant by paying an amount of 2,00,000/- (Rupees Two Lakhs only) by way of cheque Rs. as disclosed in paragraph 6. 3. Records show that there was a fracture injury to the left hip joint due to the assault with danda. Charge was framed against the respondents for the offences punishable under Sec. 325, 504, r/w. 34 of the Indian Penal Code. After the trial, the learned trial Court acquitted all the respondents by giving benefit of doubt. Accordingly, the appellant who is the victim preferred the present appeal. It is reported that the State did not filed any appeal against acquittal. 4. It is reported that the parties are neighbours and in order to maintain harmony, the present matter stands settled amongst themselves. 5. Though the injury was grievous in nature, the respondents by way of compensation, agreed to compensate the loss caused to the appellant as well as the injury. Considering the fact that parties decided to settle the matter amicably and filed the Consent Terms, prayer could be granted to settle the matter. The cheque of an amount of 2,00,000/-(Rupees Two Lakhs only) dtd. 09/01/2023 is handed Rs. over to the appellant. 6. Considering the above facts, the appeal filed by the appellant challenging the acquittal of the respondents could be disposed of as settled amongst the parties. Consent Terms stands accepted. The appeal stands disposed of as settled. 7. Parties to bear their own costs.