IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.2265-2266 OF 2009 (Arising out of S.L.P. (Crl.) Nos.7144-7145 of 2009)

Suresh and Ors.                      ...Appellant(s)

Versus

State of Maharashtra                     ...Respondent(s)

O  R  D  E  R

Leave granted.

These appeals are directed against the judgment of  

the High Court of Judicature at Bombay, Bench at Nagpur, in  

Criminal  Revision  Application  No.178  of  2003  and  Criminal  

Application No.481 of 2009 in Criminal Revision Application  

No.178 of 2003.  The appellants were convicted by the Trial  

Court under Section 324 of the Indian Penal Code and were  

sentenced to undergo rigorous imprisonment for a period of  

one year and to pay fine of Rs.250/-; in default, to undergo  

rigorous imprisonment for a further period of one month.  The  

High Court upheld the conviction of the appellants.

The complainant has filed an affidavit before this  

Court in which it is mentioned that the parties have amicably  

settled the matter with the help of elderly people of the  

village and has no grievance against the appellants.  It has  

been further stated in the affidavit that, in view of the  

cordial relationship between the parties, the appellants be  

released, as the complainant does not wish to prosecute the  

appeals against them.

....2/-

− 2 - We have heard learned counsel for the parties.

The  appellants  have  already  served  out  more  than  

seven months of actual imprisonment.   On consideration of  

totality of the facts and circumstances of the case, we deem  

it  appropriate  to  release  the  appellants  in  view  of  the  

compounding of offence and they are convicted only for the  

period of imprisonment already undergone by them.  We order  

accordingly  and  direct  that  the  appellants  be  released  

forthwith if not required in any other case.

In  view  of  the  above,  the  criminal  appeals  are,  

accordingly, disposed of.

......................J.               [DALVEER BHANDARI]

......................J.               [A.K. PATNAIK]

New Delhi, November 30, 2009.