1 crap4655.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4655 OF 2011 WITH CRIMINAL APPEAL NO. 573 OF 2011 1 Rais s/o Hussain Bagwan, age 29, occ. Agril., r/o Sukhapuri, Tq. Ambad, Dist. Jalna, 2 Habib s/o Hussain Bagwan, age 37, occ. Agril., r/o Sukhapuri, Tq. Ambad, Dist. Jalna, 3 Illyas s/o Hussain Bagwan, age 30, occ. Agril., r/o Sukhapuri, Tq. Ambad, Dist. Jalna, 4 Hussainbhai s/o Dagdulal Bagwan, age 57, occ. Agril., r/o Sukhapuri, Tq. Ambad, Dist. Jalna, ...Applicants/ Appellants [orig.accused nos.1 to 4] VERSUS 1 The State of Maharashtra ...Respondent ..... Shri S.D.Hiwarekar, advocate for applicants/appellants Shri S.G.Nandedkar, A.P.P. for respondent ..... 2 crap4655.11 CORAM : SHRIHARI P.DAVARE, J. DATED : 14th November, 2011 PER COURT : - 1 Heard and perused. 2 The applicants i.e. original accused nos. 1 to 4 and original complainant, namely Manik Rajaram Babar, resident of Sukhapuri, Taluka Ambad, District Jalna, as well as the injured Shivram Manik Babar in C.R. No. 65 of 2003, for the offences, punishable under Sections 323,447, 504 r/w 34 of the Indian Penal Code, registered with Ambad police station, District Jalna, from which the present case arises, are present before the court today. 3 The afore said persons submit that they are the neighbourers in village Sukhapuri and have settled the dispute amongst them amicably. They wish to compound the case in order to bring the peace and harmony amongst them. They 3 crap4655.11 have already tendered the joint purshis to bring the amicable settlement on record in the present case on the last date itself. They have admitted the contents of the said purshis, as well as their respective signatures thereon voluntarily. 4 Moreover, the afore said accused persons and the complainant have also filed their respective affidavits on the last date expressing their desire to settle the matter amicably and voluntarily and those are already taken on record. In pursuance of the said undertaking given on the last date, the injured namely Shivram Manik Babar is present before the court. He filed the affidavit on record. He has been identified by Shri R.B.Bhosale, advocate, who is also present before the court. 5 The complainant Manik Rajaram Babar has already filed affidavit on the last date before this court. As mentioned herein above, he also has been identified by Shri R.B.Bhosale, advocate. The complainant also stated in the said affidavit that he is having friendly and cordial relations with the accused persons and they do not desire to continue with the enmity and he has no objection if the offence is permitted to be 4 crap4655.11 compounded. So is the position with the injured person, namely Shivram Manik Babar, who also stated in his affidavit that alleged incident happened due to misunderstanding and they have cordial relations with the respondents and he has no intention to prosecute the accused persons in spite of their acquittal and he does not wish to continue with any enmity with the respondents. The affiant Shivram Manik Babar and Shri R.B.Bhosale, advocate, who identified him, state that the contents of para no.5 have been typed inadvertently, since Shivram Babar has not filed any complaint and thus they have relinquished the said contents in para no.5. 6 Considering the contents of the joint purshis filed by the respondents and also considering the contents of the affidavit filed by the complainant, namely Manik Rajaram Babar on the last date, as well as affidavit filed by the victim injured, namely Shivram Manik Babar today, it appears that parties have resolved the dispute amicably and they do not desire/intend to continue with the dispute. It also appears that the complainant and the victim on one part and the respondents i.e. the accused on the other part have cordial 5 crap4655.11 relations amongst them and they intend to continue with the said relations. Moreover, it appears that the complainant and the victim injured also intend to compound the offence. The afore said offences under Sections 323, 447, 504 r/w 34 of the Indian Penal Code are compoundable under Section 320 of the Code of Criminal Procedure. Hence, having the comprehensive view of the matter, the said offences deserve to be compounded. 7 In the result, present application is allowed and the parties are permitted to compound the offence under Sections 323, 447, 504 r/w 34 of the Indian Penal Code under C.R. No. 65 of 2003, registered at Ambad police station, Taluka ambad, District Jalna, under Section 320 of the Code of Criminal Procedure and present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4655.11