IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 1176 of 2019 ==========================================================

SUSHILABEN HARGOVANDAS RATHOD Versus STATE OF GUJARAT ==========================================================

Appearance:

for the Applicant(s) No. 1 WARIS A ALVI(8353) for the Applicant(s) No. 1 MR. AAMIR S PATHAN(7142) for the Respondent(s) No. 2 MR. HARDIK SONI, APP for the Respondent(s) No. 1 ==========================================================

CORAM: HONOURABLE MR. JUSTICE B.N. KARIA Date : 08/03/2022

ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State and learned advocate Mr.Aamir S. Pathan waives service of notice of rule for and on behalf of respondent No.2.

2. By way of present application, applicant has prayed for following relief:

“YOUR LORDSHIPS may be pleased to call for record and proceedings of Criminal Case No.850 of 2016 from the court of learned Chief Metropolitan Magistrate, Ahmedabad, and further be pleased to quash and set aside judgment and order dated 06.08.2018 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No.850 of 2016 as well as judgment and order dated 26.08.2019 passed by learned City Civil and Sessions Court, Ahmedabad in Criminal Appeal no.504 of 2018 and further be pleased to acquit the applicant.”

3. Heard learned advocates appearing for the respective parties and learned APP appearing for the respondent-State.

4. Today, when the matter was taken up for hearing, a joint request was made by learned advocates for the respective parties that dispute between the parties is settled amicably. That, dispute was settled by the complainant by accepting amount of Rs. 2,80,000/-. Learned advocate for the respondent no.2 has produced affidavit filed by the respondent no.2, wherein the respondent no.2 has stated that he has received amount of Rs. 2,80,000/- as full and final settlement and he has no objection if the orders passed by the courts below would be quashed and set aside. An Affidavit filed by the respondent no.2 is taken on record.

5. Today, respondent No.2- Rahul Mafatlal Rathod was appeared before this Court and he has confirmed that dispute is amicably settled with the present applicant voluntarily. He further submits that he has no grievance against the present applicant. He has filed his affidavit under his signature and admitted the contents averred in the affidavit are correct and true and contents of the affidavit filed by the respondent No.2 are reproduced as under:

“3. It is respectfully submitted that dispute between the parties have been amicably settled and therefore as of now there is no ill-will or grievance between the parties. Further, it is submitted that the complainant’s family and the petitioner’s family herein happens to be known each other since long & therefore, the matter is amicably resolved with the intervention of family members and elderly people of society. Moreover, the Cheque amount is of Rs.4,00,000/- against which, the dispute has been settled for an amount of Rs.2,80,000/- and therefore, it is submitted that no useful purpose would be served with the continuation of the criminal proceedings and therefore also, the case of present petitioner requires consideration.

4. I say and submit that deponent herein & Petitioner know each other since long and further, arrangements have already been made amongst the parties to clear the said amount of Rs.2,80,000/- wherein already Rs.40,000/- has been deposited in Trial Court and Rs.1,25,000/- paid to me by cash on date :19.01.2022 further, Cheque of remaining amount of Rs.1,25,000/- has been given which will be cleared by the son of the Petitioner on date: 01.03.2022 and therefore, no dispute remains now. Further, it is humbly submitted that since the parties have decided to bury the grievance, the deponent herein and other family members of the deponent have no obje