1 Criminal Writ Petition No.473/2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.473 OF 2008 1. Pooja @ Sonali Sudhesh Patil, Age 26 years, Occ. Household. 2. Somnath s/o Tanaji Patil, Age 58 years, Occ. Service, 3. Kamalbai w/o Somnath Patil, Age 52 years, Occ. Household. 4. Nitin s/o Somnath Patil, Age 32 years, Occ. Service, 5. Pankaj s/o Somnath Patil, Age 30 years, Occ. Service, 6. Avinash s/o Somnath Patil, Age 28 years, Occ. Contractor, 7. Subhash s/o Trambak Kale, Age 51 years, Occ. Service, 8. Dnayneshwar s/o Ramdas Borse, Age 29 years, Occ. Service, All R/o at Soygaon, Tq. Soygaon, District Aurangabad. ... PETITIONERS VERSUS 1. Sudhesh s/o Madhukar Patil, Age 31 years, Occ. Service, R/o Waghdu, Tq. Chalisgaon, District Jalgaon. 2. The State of Maharashtra, through I.O. Chalisgaon Police Stations, District Jalgaon. ... RESPONDENTS 2 Criminal Writ Petition No.473/2008 ..... Shri Paresh B. Patil, Advocate for petitioners Shri B.G. Sagade Patil, Advocate for respondent No.1. Shri K.M. Suryawanshi, A.P.P. for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 15th March, 2011 ORAL JUDGMENT : 1. Heard Shri Paresh B. Patil for petitioners and Shri B.G. Sagade Patil for respondent No.1. The writ petitioners have challenged issuance of process under Section 323 read with Section 34 of the Indian Penal Code, dated 19.12.2007. On reading the F.I.R., it is apparent, no primary events to brand accusations in terms of infraction of Section 323 of the Indian Penal Code are carved out. Though the learned Judge has relied to the report filed under Section 202 of the Criminal Procedure Code, however, perusal thereof does not make out primary case against the accused/ petitioners. 2. Added to it, a joint purshis on behalf of petitioner No.1 Pooja @ Sonali Sudhesh Patil and respondent No.1 Sudhesh s/o Madhukar Patil is tendered, informing that the parties have resolved their controversy, they desire to compound the offence under 3 Criminal Writ Petition No.473/2008 Section 323 of the Indian Penal Code arising out of Summary Criminal Case No.106/2007, pending before learned Judicial Magistrate, First Class, Chalisgaon. The petitioner No.1 Pooja @ Sonali Sudhesh Patil and respondent No.1 Sudhesh s/o Madhukar Patil are present before the Court, identified by Mr. Paresh Patil for petitioners and Mr. B.G. Sagade Patil for respondent No.1 respectively. The parties confirm that the matter is resolved. 3. Since the offence under Section 323 of the Indian Penal Code is non cognizable and compoundable in terms of Section 320 of the Criminal Procedure Code, and additionally, wife supports the contentions of the petitioners, consequently, Criminal Writ Petition is allowed. Proceedings initiated vide Summary Criminal Case No. 106/2007 referred above are quashed and set aside. Rule made absolute. K.U. CHANDIWAL JUDGE