Ballal @ Balwant vs State of Maharashtra and Others

D.G. Deshpande, J.—Jayaram Vithal Kamble (Respondent No. 2) resident of Khamb, Tal : Roha, Dist : Raigad is present. He states that he wants to compromise the matter and has compromised the matter with the accused-appellant Ballal @ Balwant Purushottam None before the Court and he does not want to proceed further with his complaint to the police. He states that Bhiku Balu Jadhav (respondent No. 3) is dead. However, his son Balu Bhiku Jadhav is admitted in the hospital. Mr. Kamble says that lie had a talk with Balu and the said Balu has agreed to compromise the matter in the same manner with the appellant. Counsel for the Respondent has produced written consent given by the said Balu for compromising and withdrawing his complaint against the accused (the same is taken on record). In view of this, the Judgment of conviction passed by the Special Judge, Raged -Alibi dated 19.6.1993 is set aside. APP for the State states that he has no objection in compromising the matter between the appellant accused and Respondents Nos. 2 and 4.

Offence under the Atrocities Act, 1988 is not compoundable but Mr. Adik, Counsel for the Appellant relied upon the Supreme Court Judgment in AIR 1988 2111 (SC) , wherein even though the offence u/s 307 was not compoundable, the Supreme Court considering the facts of the case, ordered the Trial Court to permit to compound the offences.

Mr. Adik contended that since the original complainant-respondents Nos. 2 and 4 have sincere desire to compound the offence and which will result in betterment of their relations with the appellant-accused, permission to compound should be granted. The learned APP has no objection and he also submitted that granting of permission to compound will ease the tension between the parties and resulting in maintenance of peace and betterment of relations. In view of this, the following order is passed:

ORDER

Permission to compound the offences under Sections 3(10), 7(1)(d), 427 and 506(ii) of the IPC granted to the parties as a result the accused is acquitted.

Appeal disposed of accordingly.