Patel Mukeshbhai Joitram vs The State Of Gujarat Thro'
2022 Latest Caselaw 4159 Guj

     R/CR.RA/226/2007                                  ORDER DATED: 13/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 226 of 2007

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                      PATEL MUKESHBHAI JOITRAM
                                Versus
                THE STATE OF GUJARAT THRO' & 1 other(s)
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Appearance:
MR AN PATEL(597) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                             Date : 13/04/2022

                               ORAL ORDER

1. This Court vide order dated 04.03.2022, had referred the matter to the Mediation Center. The report of the Mediator was directed to be placed on record of this Revision Application.

2. Today, when the matter is taken up for further hearing, it was submitted by the learned advocates appearing for the respective parties that pursuant to the order dated 04.03.2022, the matter was placed before the Mediation Center and pursuant to the efforts made by the Mediator as well as learned advocates of the respective parties, the disputes between the parties have been amicably resolved and the settlement terms has been drawn between the parties.

3. The Mediator has placed on record the Mediation Report dated 05.04.2022 along with the Memorandum of Understanding arrived at between the parties. As per the terms of settlement, the appellant herein - original accused

R/CR.RA/226/2007 ORDER DATED: 13/04/2022

has agreed to pay an amount of Rs.5,00,000/- by way of full and final settlement to respondent No.2 herein - original complainant.

4. Mr. Samir Gohil, the learned advocate appearing for the respondent No.2 - original complainant, under instructions of his client, has confirmed that the aforesaid amount of Rs.5,00,000/- has been received by his client.

5. Mr. Patel, the learned advocate appearing for the appellant - original accused has also confirmed the same.

6. It appears that the appellant herein as well as the original complainant have agreed to not to proceed with the present proceedings and have consented to quash and set aside the order dated 27.04.2006 passed by the JMFC, Unjha, in Criminal Case No.290 of 2004 and the order dated 21.04.2007 passed by the Additional Sessions Judge, Mehsana, in Criminal Appeal No.23 of 2006.

7. Considering the above facts, this Court finds that the parties have amicably resolved the dispute and have entered into the compromise, which has taken place before the Mediator. Consequent to such compromise arrived at between the parties and considering the nature of the dispute involved in the matter, this Court quash and set aside the impugned judgment and order of conviction dated 27.04.2006 passed by the JMFC, Unjha, in Criminal Case No.290 of 2004 as well as the order dated 21.04.2007 passed by the Additional Sessions Judge, Mehsana, in Criminal Appeal No.23 of 2006.

8. The terms and conditions of settlement in the form of

R/CR.RA/226/2007 ORDER DATED: 13/04/2022

Memorandum of Understanding is to be considered as a part of this order.

9. Accordingly, the present Criminal Revision Application stands disposed of. Notice, if any, stands discharged.

10. Records and Proceedings be sent back to the concerned Trial Court forthwith.

(NISHA M. THAKORE,J)

NEHA