JUDGMENT :

B.N. Karia, J.

1. By way of present application, applicant has prayed to quash and set aside the impugned judgment and order dated 31.01.2020 passed by the learned Additional Sessions Judge, City Civil Court, Ahmedabad in Criminal Appeal No. 686 of 2018 as well as judgment and order dated 04.12.2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No. 32, Ahmedabad in Criminal Case No. 3200003/15 and further prayed to release the applicant on bail pending proceedings.

2. Heard learned advocate for the respective parties and learned APP for the respondent-State.

3. When the matter was called out, learned advocate for the applicant was not present to assist the Court through video conferencing.

4. Looking to the nature of the offence, learned APP for the respondent-State has requested not to quash the impugned orders passed by the Courts-below in Criminal Case No.3200003/15 dated 04.12.2018 and Criminal Appeal No.686 of 2018 dated 31.01.2020.

5. Learned advocate for the respondent No. 2 has submitted that the dispute is amicably settled between the parties and in this connection, respondent No. 2-Vasantbhai Jagjivandas Bosamiya has filed his affidavit at Page-58. He prayed to permit the respondent No. 2 to appear before this Court and confirmed the settlement arrived at between the parties. On his request, the respondent No. 2 was permitted to appear through video conferencing. On appearing, respondent No. 2 submits that his name is Vasantbhai Jagjivandas Bosamiya. He further submits that the dispute is settled between them and he has no objection if the impugned judgment and order dated 31.01.2020 passed by the learned Additional Sessions Judge, City Civil Court, Ahmedabad in Criminal Appeal No. 686 of 2018 as well as judgment and order dated 04.12.2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No. 32, Ahmedabad in Criminal Case No. 3200003/15 would be quashed and set aside by this Court. He admits that he has filed his affidavit under his signature dated 10.02.2022 as well as common affidavit dated 14.02.2022. Learned advocate for the respondent No. 2 identifies the respondent No. 2 as well as his signature in both the affidavits filed by the respondent No. 2. He further requested that certain amount as shown in the affidavit is deposited by the present applicant before the Court-below which amount can be permitted to be withdrawn by the respondent No. 2.

6. Having heard learned advocate for the respondent No. 2 as well as respondent No. 2 himself and learned APP for the respondent - State and perused the material on record, it appears that if we consider the affidavit of the respondent No. 2 filed by him at Page-58, he has clearly stated as under:

"Therefore I do not object if the judgment and order passed by the Sessions Judge in Criminal Appeal No. 686 of 2018 and in turn, the judgment and order passed in Criminal Case No. 3200003 of 2015 be quashed and set aside by this Honourable Court.

I say and submit that the matter has been resolved and I don't not wish to proceed further against the present petitioner and have no objection if this Revision Application of the present petitioner is allowed by the Honourable Court.

I say and submit that I am filing this affidavit as I am aware about the facts and circumstances of the present case and during the pendency of this Revision Application the dispute between myself and the present petitioner came to be amicably resolved. I say and submit that dispute is settled and no monetary transactions are pending between petitioner and I.

I say and submit that in view of his amicable settlement, if this Hon'ble Court be pleased to quash and set aside the judgment and order passed by the Court below and any further proceedings against the present petitioner, I have no objection. I am filing this affidavit with my free will and wish without there being any undue threats or pressure."

7. In the second affidavit filed by the respondent No. 2 dat