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TMI Blog2022 (1) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... ers are quashed and set aside by this Court. Hence, present application stands allowed and accordingly, stands disposed of. - R/Criminal Revision Application No. 822 of 2016, Criminal Misc. Application No. 1 of 2021 in R/Criminal Revision Application No. 822 of 2016 and Criminal Misc. Application No. 2 of 2021 - - - Dated:- 7-1-2022 - B.N. Karia, J. For the Appellant : J.B. Dastoor For the Respondents : Hardik Soni, APP ORDER B.N. Karia, J. 1. Ms. Palak Jadeja, learned advocate states that she has received instructions to appear for and on behalf of the respondent No. 1 and sought permission to appear on behalf of the respondent No. 1 Permission; as sought for; stands granted. She shall file her Vakalatnama befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned APP waives service of notice of rule for and on behalf of the respondent-State 7. Heard learned advocate for the applicant and learned advocate for the respondent No. 1 as well as learned APP for the respondent-State. 8. Considering the facts of the case, averments made in the application and submissions made by learned advocate for the applicant, the original proceedings, being Criminal Revision Application No. 822 of 2016 is hereby ordered to be restored to its original file. 9. This application stands disposed of accordingly. Rule is made absolute to the aforesaid extent. ORDER IN CRIMINAL REVISION APPLICATION NO. 822 OF 2016 10. Ms. Palak Jadeja, learned advocate states that she has received instructions to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Parmar briefing learned advocate is also present, who has accompanied with the original complainant and due to the restricted entry in the premises, he is unable to remain present before this Court. So, learned advocate for the applicant requests this Court to dispense the presence of respondent no. 1-original complainant. Hence, he has requested to quash and set aside order of sentence passed on 1.8.2014 below Exh. 100 in Criminal Case No. 600 of 2010 by learned Judicial Magistrate First Class, Mahemdabad as well as judgment and order dated 30.5.2016 passed below Exh. 32 in Criminal Appeal No. 67 of 2014 by learned Sessions Judge, Kheda-Nadiad. 15. Looking to the nature of the offence as present applicant is involved in the offence p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount of involvement of family members, friends, relatives and other socially dominated people, a settlement has been arrived at between the present petitioner and the deponent whereby, it is mutually agreed that if present petitioner pays the entire amount of cheque in question i.e. ₹ 1,60,000/- to the deponent herein, then the deponent was no objection, if the present revision application of the petitioner is allowed and judgment and order of conviction as well as the judgment and order of appeal passed by the Sessions Court, both are quashed and set aside and the petitioner is set free. 6. The deponent submits that he has received the amount of ₹ 1,60,000/- in cash from the petitioner herein which is the amount in quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d settlement arrived at between the parties including the complainant/first informant, this Court is of the view to consider the prayer made by the accused. 19. Considering the facts that dispute is settled between the parties, as respondent No. 1 has received cheque amount of ₹ 1,60,000/- from the applicant and respondent no. 1 has no objections if the impugned orders are quashed and set aside by this Court. Hence, present application stands allowed and accordingly, stands disposed of. The sentence imposed upon the appellant vide order dated 1.8.2014 passed below Exh. 100 in Criminal Case No. 600 of 2010 by learned Judicial Magistrate First Class, Mahemdabad and judgment and order dated 30.5.2016 passed below Exh. 32 in Criminal A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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