Shri Shambhu Gawade vs State

U.V. Bakre, J.—By this Revision Application, the accused of Criminal Case No. 251/S/2008/D has prayed to quash and set aside the judgment dated 20/08/2011 passed by the learned Additional Sessions Judge-I, South Goa, Margao in Criminal Appeal No. 19/11 and the judgment and order dated 29/01/2011 passed by the learned Judicial Magistrate, First Class, Margao in Criminal Case No. 251/S/2008/D. The said criminal case was a culmination of chargesheet filed by Verna Police Station for the offence punishable u/s 509 of I.P.C. The applicant was sentenced to Simple Imprisonment for two months and to pay fine of Rs. 3,000/- and in default to undergo Simple Imprisonment for two months for the offence punishable u/s 509 of I.P.C. Aggrieved by the said judgment and sentence, the applicant had filed Criminal Appeal No. 19/2011 and by judgment and order dated 20/08/2011, the same was dismissed. Against the said judgment and order of the learned Additional Sessions Judge, the present Criminal Revision Application has been filed.

After the matter was partly heard, the applicant and the woman against whom the offence was allegedly committed i.e. the accused and the complainant have today filed an application before this Court praying for leave to compound the said offence u/s 509 of I.P.C. and to quash the impugned judgments and orders of the lower Courts and to acquit the applicant. The same is taken on record and marked ''X'' for identification. The applicant as well as the complainant are present before this Court and have willingly signed the said application, which is also signed by the learned Additional Public Prosecutor and the learned Counsel appearing on behalf of the applicant. The offence u/s 509 of I.P.C., in terms of Section 320 of Cr.P.C., is compoundable with the permission of the Court by a woman against whom the said offence was committed. Thus, the offence is compoundable with the permission of this Court. Since the application for composition has been made by the concerned parties willingly, I hereby grant permission to compound the offence.

Since the concerned parties have compounded the offence, the Revision Application is allowed. The conviction and sentence imposed upon the applicant is quashed and set aside and the applicant stands acquitted of the said offence punishable u/s 509 of I.P.C. Rule is discharged and the Revision Application stands disposed of accordingly.