This Order is modified/corrected by Speaking to Minutes Order dated 20/12/2018
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 CRIMINAL APPLICATION NO.3527 OF 2018
JITENDRA OMPRAKASH ZANWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANR
…
Advocate for Applicant : Mr. Jethliya Dhiraj R.
APP for Respondent State: Mr. A. V. Deshmukh
Advocate for Respondent No.2 : Mr. Narwade Santosh B.
CORAM : K. L. WADANE, J.
DATE : 11th December, 2018
ORDER:
1. This is an application presented by the applicant/original
accused seeking permission to compound the offence, as the accused is
convicted for the offence punishable under section 354 of the Indian
Penal Code, which is non compoundable.
2. Heard learned counsel for the applicant, learned APP for the
State and learned counsel for complainant/respondent No.2.
3. Applicant is convicted for the offence punishable under
section 354 of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for three months and to pay fine of Rs.1000/-. Learned
counsel for the applicant submits that the applicant preferred an appeal
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against his conviction and it is pending in the Court of learned
Additional Sessions Judge at Ambajogai, Dist. Beed, bearing Criminal
Appeal No. 35 of 2012. The learned counsel of the applicant, submits
that there is compromise between the applicant and respondent no.2 and
compromise pursis was submitted before the learned Additional
Sessions Judge for compounding the offence, however the same was
refused on the ground that offence is non compoundable.
4. Today learned counsel for the applicant and respondent No.2
have presented a joint affidavit of compromise. Applicant and
respondent no.2 are present in the court in person. They have admitted
the contents of the compromise. Both of them have stated that incident
had taken place due to misunderstanding. Both of them, by way of
affidavit, have jointly requested to quash and set aside the order of
conviction of the applicant. The compromise purshis is taken on record
and marked “X”for the purpose of identification.
5. Since the offence proved against the applicant is non
compoundable, the learned Additional Session Judge rejected such
compromise. Looking to the contents of the joint pursis/affidavit, it
reveals that applicant and respondent No.2 voluntarily compromised
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the dispute and requested to compound the offence. This Court is
satisfied that the compromise is voluntary and without any influence.
Offense under section 354 I.P.C. does not fall within the category of
serious offence of mental depravity or the offenes like murder, rape
docaity, as contemplated in the case of Narinder Singh and others
Vs. State of Punjab and another, reported in (2014) 6 SCC 466.
Therefore, in the interest of justice, permission can be granted to
compound the offence though it is not compoundable.
6. In view of the above and considering the facts and
circumstances, the applicant-accused and respondent No.2-complainant
are allowed to compound the offence. Hence the criminal application is
allowed.
7. Judgment and order of conviction passed by the Judicial
Magistrate, First Class Ambajogail dated 12.07.2012 in SCC No. 814 of
2010 is hereby quashed and set aside.
8. Applicant Jitendra Zanwar is acquitted for the offence
punishable under section 354 of the Indian Penal Code. Fine amount,
if paid by the applicant shall be refunded to the applicant.
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9. In view of the above, Criminal Appeal No.12 pending before
the Additional Sessions Judge, Ambajogai is also disposed of.
10. Criminal application is accordingly disposed of.
(K. L. WADANE, J.)
JPC
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