1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPR) No. 65 of 2011 in/with Criminal Revision Application No. 27 of 2011 Manohar Vithobaji Atram Aged about 34 years, Occupation – Labour, R/o Sukali (Ubar), Tah. Arvi, Dist. Wardha. ..........Applicants. ..VERSUS.. 1] State of Maharashtra, through Police Station Officer, Police Station, Arvi, Dist. Wardha. 2] Vinod S/o Annaji Kalokar, Aged about 29 years, Occu. Agricultirist, R/o At Post Sukali (Ubar), Tah. Arvi, Dist. Wardha. .........Non-Applicants. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M. B. Naidu, Advocate for the applicant. Mr. M. J. Khan, A.P.P. for the respondent/State. Mr. Upendra Khante, Advocate for respondent no.2 CORAM : Prasanna B. Varale, J. DATED : 19 th April , 2011 . 1. Heard Mr. M. B. Naidu, learned Advocate for the applicant, Mr. M. J. Khan, learned APP for respondent no.1 and Mr. Upendra Khante, learned Advocate for respondent no.2. 2. The present applicant is the accused in Regular Criminal Case No. 240 of 2004 instituted on the complaint of non-applicant no.2 Vinod. The applicant/accused was charged for the offence 2 punishable under Section 325 of Indian Penal Code. The learned Judicial Magistrate, First Class, Arvi, by the judgment and order dated 20/3/2007 convicted the applicant/accused for the offence punishable under Section 325 of I.P.C. and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.150/- in default to suffer simple imprisonment for 15 days. 3. Being aggrieved by the said judgment and order, the applicant/accused preferred an appeal before the learned Additional Sessions Judge, Wardha vide Criminal Appeal No. 31/2007, however, the appeal was dismissed by the learned Sessions Judge, Wardha by the judgment and order dated 18/2/2011. Hence, the applicant/accused has filed the present revision application under Section 401 of Criminal Procedure Code. 4. During pendency of the revision application, the applicant/ accused and non-applicant no.2 have jointly filed Criminal Application No. 65/2011 under Section 320(2) of Criminal Procedure Code. It is stated in the said application that the applicant/accused and non-applicant no.2/complainant are resident of same village. It is further stated in the application that with the intervention of the well wishers and the friends, the differences between the parties are sorted out and they have arrived at an amicable settlement. It is further stated in the said application that as the parties are from the same town, they wish to maintain their relations cordial in the present and in future also. Hence, they have prayed for quashing and setting aside the impugned judgment and orders passed by the learned J.M.F.C, Arvi and the learned Sessions Judge, Wardha. The application is duly signed by the parties as well as their learned counsel. 3 5. The parties are present before the Court today. They stated before this Court that they have settled the matter amicably. They further stated that the settlement is not out of any threat or pressure. 6. On ascertaining the wish of the parties, I am of the opinion that the parties have settled the dispute amicably and they wish to have cordial and harmonious relations between them. In view of this, the ends of justice would meet if the parties are allowed to compromise/settle the matter instead of having strained relations. The parties are jointly approaching this Court by invoking the powers under Section 320 (2) of the Cr. P.C. 7. As observed above, the ends of justice would meet by invoking the power under Section 320(2) of Cr.P.C. thereby compounding the offence. 8. In the result, the Criminal Application (APPR) No.65/2011 and Criminal Revision Application No.27/2011 are allowed. (i) The judgment and order passed by the learned Judicial Magistrate, First Class, Court No.2, Arvi, dated 20/3/2007 in Regular Criminal Case No.240/2004 ; and the judgment and order passed by the learned Additional Sessions Judge-2, Wardha, dated 18/2/2011, in Criminal Appeal No. 31/2007, are quashed and set aside. (ii) The applicant/accused is acquitted of the offence punishable under Section 325 of Indian Penal Code. 9. Criminal Applications are disposed of accordingly. JUDGE Diwale