2020 NearLaw (BombayHC Aurangabad) Online 606
Bombay High Court

JUSTICE T. V. NALAWADE JUSTICE M. G. SEWLIKAR

Angad s/o. Shrimant Korade Vs. The State of Maharashtra & ANR.

CRIMINAL APPLICATION NO. 404 OF 2020

13th February 2020

Petitioner Counsel: Mr. Jaware Vishnu M.
Respondent Counsel: Mr. K. S. Patil Mr. D. S. Pawar
Act Name: Indian Penal Code, 1860

HeadNote : The present proceeding is filed for relief of quashing of proceeding of RCC No 2072 of 2019 presently pending in the Court of JMFC (Railways), Aurangabad.
The charge-sheet is filed for the offences punishable under Section 379 and 201 of the IPC
In the Court of the JMFC the application was given by informant and other boys and request was made to allow them to compound the case.
As Section 201 of the IPC is non-compoundable the application was rejected.
Today in this Court affidavits of all those boys whose articles were stolen are filed and there is also the affidavit of the informant.
The relief is granted in terms of prayer clause-B The rule is made absolute in those terms.

Section :
Section 201 Indian Penal Code, 1860 Section 379 Indian Penal Code, 1860

Cases Cited :

JUDGEMENT

1. Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.

2. The present proceeding is filed for relief of quashing of proceeding of R.C.C. No. 2072 of 2019 presently pending in the Court of J.M.F.C. (Railways), Aurangabad. The charge-sheet is filed for the offences punishable under Section 379 and 201 of the I.P.C.

3. This Court has carefully gone through the papers including the F.I.R. It appears that the present applicant and the other boys were present in examination hall and at that time the present applicant committed theft of articles of those boys which included cash amount, ATM cards, Aadhar cards etc. During investigation some of the articles came to be recovered from the applicant. In the Court of the J.M.F.C. the application was given by informant and other boys and request was made to allow them to compound the case. As Section 201 of the I.P.C. is non-compoundable the application was rejected.

4. Today in this Court affidavits of all those boys whose articles were stolen are filed and there is also the affidavit of the informant. They are youngsters aged about 18 to 19 years. In view of this circumstance, this Court holds that the relief needs to be given. In the result, the application is allowed. The relief is granted in terms of prayer clause-B. The rule is made absolute in those terms.