JUDGMENT :

1. By this application under section 397 read with section 401 of the Code of Criminal Procedure, the applicants have prayed for the following reliefs:

“(A) The Hon’ble Court may kindly be pleased to admit and allow this application;

(B) This Hon’ble Court may kindly be pleased to call for records and proceedings of below mentioned Annexure-A and B from the Hon’ble Trial Court;

(C) This Hon’ble Court may kindly be pleased to quash and set aside the impugned judgment and order passed by JMFC, Waghodiya in C.C. Case No.383/2012 and in Criminal Appeal No.76/2013- New No.12/2015 by Additional District and Sessions Judge, Savli, Vadodara at Savli dated 21.10.2016 at Annexure-A and B;

(D) Pending admission, hearing and final disposal of this petition, this Hon’ble Court may kindly be pleased to grant bail to the petitioners as they were on bail during the trial.

(E) This Hon’ble Court may be pleased to dispense with the affidavit of the petitioners as the petitioners are in jail;

(F) This Hon’ble Court may be pleased to pass such other and further order/s as may be deemed necessary.”

2. In view of the fact that the parties have settled their disputes, learned advocate for respondent no.2- original complainant jointly with learned advocate for the applicants submitted that offence may be permitted to be compounded.

3. It appears from the record that applicants were put to trial in the Court of the learned Additional Civil Judge and Judicial Magistrate First Class, in Criminal Case No.383 of 2012 for the offences punishable under sections 323, 325, 504, 506(2) and 114 of the Indian Penal Code. The Trial Court vide judgment and order dated 29.06.2013 held the applicants herein guilty for the offence punishable under sections 325 and 114 of the Indian Penal Code.

4. As the applicants came to be convicted by the Trial Court, they preferred Criminal Appeal No.12/2015 (Old Case No.76/2013) in the Court of the learned 4th Additional District and Sessions Judge, Vadodara at Savli. The appeal came to be rejected by the learned Sessions Court, Vadodara vide order dated 21.10.2016 and applicants herein were convicted for the offence punishable under sections 325 and 323 of the Indian Penal Code. Being aggrieved with the same, the applicants have come up with this application.

5. The respondent no.2 being heir of original first informant is produced on record an affidavit, wherein the original complainant confirms about the settlement having been arrived at. In the affidavit, the complainant stated as under:

“1. I say and submit that being a victim/ injured witness in relation to FIR registered before Waghodiya Police Station bearing CR no.II-228 of 2011, I am filing this affidavit before this Hon’ble Court as I am aware about facts and circumstances in detail about present case. I further say and submit that said FIR registered by my mother named Narmadaben Babarbhai Solanki who after passage of time expired on 06.08.2019. A copy of death certificate annexed hereto with this affidavit.

2. I say and submit that in relation to said FIR the learned trial Court passed the order of conviction against the petitioners and same has been challenged by way of Criminal Appeal before the learned Sessions Court Vadodara at Savli which came to be rejected. I say and submit that against both the order petitioner herein filed present Criminal Revision Application before this Hon’ble Court.

3. I say and submit that the grievances between petitioners and me have been amicably settled due to interference of relatives and colleagues. Therefore, there is nothing left for me to proceed against them before any Court. I say that there is no permanent nature of injury to me and we are living in same village since long peacefully without any grievance.

4. I say that there is no force, coercion or undue influence on me from any corner.

5. I say and submit that I have no grievance if the Hon’ble Court quash and set aside the impugned judgment and order passed by the JMFC Court