Bombay High Court

KISHOR ANANT VICHAREversusMITALI MILIND MAYEKAR AND ANR

Disposal: Disposed Off

Holding

The revision stands disposed of as withdrawn because the accused has fully complied with the judgment, rendering the application infructuous.

Summary

The complainant filed a criminal revision challenging a judgment dated 16 March 2016 of the Judicial Magistrate First Class, Ratnagiri, which was affirmed by the Sessions Court on 3 January 2018, directing the accused to pay Rs.2,00,000 compensation and undergo one year of simple imprisonment. The accused has fully complied by depositing the compensation and serving the imprisonment. The complainant now seeks to withdraw the deposited amount and asks for the revision to be disposed of. The Court held that, since the accused has completed the sentence and paid the compensation, the revision has become infructuous. Consequently, the revision was disposed of as withdrawn, and the complainant was granted liberty to withdraw the Rs.2,00,000 from the court records. No costs were awarded.

Issues considered

What is the effect of a criminal revision when the accused has already served the sentence and paid the ordered compensation?

Subjects

criminal revision
compensation
sentence served
withdrawal of amount
infructuous application

Judgment

25-IA-197-2026-(CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 197 OF 2026
IN
CR. REVISION APPLICATION NO. 33 OF 2018

Mitali Mayekar … Applicant
V/s.
Kishor Vichare … Respondent

WITH
CRI-INTERIM APPLICATION NO. 2056 OF 2021
IN
CR. REVISION APPLICATION NO. 33 OF 2018
WITH
CRI-INTERIM APPLICATION NO. 2057 OF 2021
IN
CR. REVISION APPLICATION NO. 33 OF 2018

Kishor Anant Vichare … Applicant
V/s.
Mitali Milind Mayekar And Anr … Respondents

IRESH
MASHAL
Mr. Farhan Shaikh (VC) i/b Mr. Khandeparkar and Associates for
Digitally signed
the Applicant in Interim Application No. 197/2026 and for
by IRESH
MASHAL
Date:
Respondent in Revision Application No. 33 of 2018
Ms. Twinkal Kotawadekar, advocate for Respondent No.1(Original
2026.10.05
12:12:11 +0530

accused)
Mr. Avinash Naik, APP for the State

CORAM : RAJESH S. PATIL, J.

DATED : OCTOBER 1, 2026
P.C.:
1. Learned counsel Mr. Farhan Shaikh holding for Khandeparkar

and Associates for the Complainant, submits that the accused has

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25-IA-197-2026-(CR).docx

filed this Criminal Revision Application challenging the judgment

and order dated 16 March 2016 passed by the learned Judicial

Magistrate First Class, (For short ‘JMFC’) Ratnagiri, confirmed by

the learned Sessions Court, Ratnagiri vide Judgment and Order

dated 3 January 2018. He submits that as per the impugned order,

the accused was directed to pay compensation of Rs.2,00,000/- and

to undergo simple imprisonment (modified by the Sessions Court

as simple imprisonment) for a term of one year. He further submits

that the amount of Rs.2,00,000/- has been deposited by the

accused with the JMFC, Ratnagiri and the accused has also

undergone simple imprisonment of one year. Therefore, the

Complainant be permitted to withdraw the amount deposited and

the present Revision Application can be disposed of.

2. In view of the fact that the Accused has undergone the entire

sentence and has deposited the amount of Rs.2,00,000/- and she

being released from the jail, this Criminal Revision Application has

now become infructuous. Hence, Criminal Revision Application

stands disposed of as withdrawn with liberty to the Complainant to

withdraw the amount of Rs.2,00,000/- deposited by the accused

with the JMFC, Ratnagiri.

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3. No cost.

4. All concerned to act upon an authenticated copy of this order.

5. In sequel, all pending Interim Applications/Civil Applications,

if any, stand disposed of accordingly.

(RAJESH S. PATIL, J.)

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