NEUTRAL CITATION
R/CR.RA/126/2015 ORDER DATED: 25/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 126 of 2015
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PRADIPBHAI DAHYABHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1
MS. VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/08/2023
ORAL ORDER
1. This is an application challenging the judgment and order dated 11.3.2015 passed by the learned Additional Sessions Judge, Valsad in Criminal Appeal No.17 of 2009 and order dated 18.11.2009 passed by the learned JMFC, Pardi in Criminal Case No.3549/2000 by which the applicant was convicted and ordered to undergo one year simple imprisonment with fine of Rs.500/- and in default one month simple imprisonment.
2. When the matter was called out, learned advocate Mr. Hriday Buch for the applicant tendered an affidavit of Taraben Bhikhabhai Desai, who is the complainant at whose instance the criminal case was registered. Mr. Buch further submitted that the applicant as well as the complainant both are residing in the same vicinity and after the judgment and order of conviction, the disputed Page 1 of 3 Downloaded on : Sun Sep 17 02:36:20 IST 2023 NEUTRAL CITATION R/CR.RA/126/2015 ORDER DATED: 25/08/2023 undefined wall, which was demolished, was reconstructed. Mr. Buch further submits that the offence for which the conviction was ordered i.e. Section 427 is compoundable one, and therefore, in view of the settlement, it is to be quashed.
3. Ms. Vrunda Shah, learned APP submits that this is a private dispute between the parties and if appropriate order is passed then there is no objection.
4. Considering the submissions advanced by the learned advocates for the respective parties, this Court finds that the complainant namely Taraben Bhikhubhai Desai, at whose instance the FIR was lodged and Criminal Case was registered, has settled the dispute with the applicant and the affidavit suggests that if the revision would be allowed and the judgment and order of conviction and sentence would be quashed, she would not have any objection.
5. On perusal of the impugned judgment and order, it transpires that the dispute was with regard to demolition of compound wall between the neighbours and if it is resolved now, then this would be a fit case, allowing the Revision Application and quashing and setting aside the judgment and order of conviction.
6. In view of the above, this Criminal Revision Application No.126 of 2015 is allowed. The judgment and Page 2 of 3 Downloaded on : Sun Sep 17 02:36:20 IST 2023 NEUTRAL CITATION R/CR.RA/126/2015 ORDER DATED: 25/08/2023 undefined order dated 11.3.2015 passed by the learned Additional Sessions Judge, Valsad in Criminal Appeal No.17 of 2009 and the judgment and order of conviction and sentence dated 18.11.2009 passed by the learned JMFC, Pardi in Criminal Case No.3549/2000 are quashed and set-aside.
Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J) SAJ GEORGE Page 3 of 3 Downloaded on : Sun Sep 17 02:36:20 IST 2023