1 Cri.Appln.No.1928/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1928/2011 Pankaj s/o Murlidhar Katkar Age: 25 Yrs., occu. Education r/o Manwat, Dist. Parbhani, Now residing at Jyotinagar, Parijat Apartment, Osmanpura, Aurangabad. - APPLICANT VERSUS 1) The State of Maharashtra and another. - RESPONDENTS ***** Mr.SS Patil, Advocate for Applicant; Mr.PP More, APP for State. Mr.MR Sonawane, Adv. For Respondent No.2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 27th June, 2011. PER COURT : 1) Heard learned Counsel for the parties. The parties are present, identified by respective Counsels. Rule made returnable by consent of parties. 2) Applicant – Pankaj allegedly misbehaved with Respondent no.2. Both are students of Engineering college. A report was lodged by Respondent no.2 (Exhibit-13), dated 12.2.2008/13.2.2008, informing the police 2 Cri.Appln.No.1928/2011 inspector at Osmanpura police station as to how the applicant herein was humiliating her and threatening to contact, else either to commit suicide or to do anything worst to the Respondent no.2. 3) The matter was tried to be compounded. However, learned Judge permitted compounding of Sections 341, 506 and 509 of Indian Penal Code by his order dated 21.4.2011 and refused to entertain compounding for Section 354 of Indian Penal Code, as it has become non-compoundable. 4) Mr.Patil, learned Counsel for the applicant, has placed reliance to the judgment in - 2008 AIR SCW 5755, wherein the Hon'ble Lordships of the Apex Court have observed in paragraph 17 and 18 that the offence, having committed in particular case on 15.6.1995, it was compoundable with the leave of the Court. Consequently, the effect of Amending Act of 25/2005, making the said offence non- compoundable, would not be application in the facts of the case and permission, sought for compromise, was granted. 5) Applying the same scale to the present prosecution, as the events have taken place on 13.2.2008, the amendment to section 354 Cr.P.C., 3 Cri.Appln.No.1928/2011 making it non-compoundable, which is made applicable on 31st December, 2009, the compounding sought for the offence under Section 354 of Indian Penal Code is permitted. This is more so, in the light of powers vested in this court in terms of Section 482 Cr.P.C. as both the applicants and the original complainant are young, their bright future is awaiting for them and prosecution would be certainly humiliation for both of them. 6) Considering the above order, the SCC Case No. 2197/2007 pending before the learned Judicial Magistrate First Class. Shall be treated as disposed of. 7) Rule made absolute in aforesaid terms. ( K.U.CHANDIWAL ) JUDGE bdv/