Gujarat High Court
Darshankumar Ishwarbhai Damor vs State Of Gujarat on 17 August, 2022
Bench: Samir J. Dave
R/CR.A/1488/2019 ORDER DATED: 17/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1488 of 2019
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DARSHANKUMAR ISHWARBHAI DAMOR
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Appellant(s) No. 1
MR. R.C.KODEKAR, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 17/08/2022
ORAL ORDER
Mr. Mahesh Poojara, learned advocate states that he has
received instructions to appear for and on behalf of the original
complainant and sought permission to appear on behalf of the
original complainant. Permission; as sought for; stands granted. He
shall file his Vakalatnama before the Registry. Registry shall accept
the same.
By way of present appeal, the present appellant has requested
to quash and set aside the judgment and order dated 18.7.2019
passed in Special (POCSO) Case No. 51 of 2018 by learned 2 nd
Additional Sessions Judge & Special POCSO Judge, Kheda at
Nadiad.
Today, when the matter was taken up for hearing, joint
submission was made by learned advocates appearing for the
respective parties that the dispute between the parties is settled
amicably and the original complainant has no objection if the
R/CR.A/1488/2019 ORDER DATED: 17/08/2022
impugned order would be quashed and set aside. Learned advocate
for the original complainant has produced an affidavit filed by the
original complainant which is taken on record.
Learned APP for the respondent-State has submitted that after
recording evidence, learned Court below has passed the order of
conviction against the present appellant and therefore, request made
by the learned advocate for the appellant as well as learned advocate
for the original complainant may not be granted.
Today, on a request being made by learned advocate for the
original complainant, original complainant-Damor Krishnaben
Darshanbhai was permitted to appear before this court and while
making inquiry, she submits that dispute is settled with the appellant,
and therefore, now there is no dispute exists and now, no ill will or
grievance among the parties. Learned advocate for the original
complainant has identified the original complainant as well as her
signature in the affidavit filed by the original complainant and has
confirmed the fact about settlement arrived at between the parties.
Having considered the facts of the case and in peculiar
circumstances as stated in the affidavit filed by the original
complainant and submissions made by learned advocates appearing
for the respective parties as well as learned APP for the respondent-
State, it appears that the dispute is settled amicably between the
parties.
Relevant paras of the affidavit filed by the original
complainant are reproduced as under:
R/CR.A/1488/2019 ORDER DATED: 17/08/2022
3. I further say and submit that the present deponent got
married with the present appellant on 25.1.2021 as per Hindu
Custom. I further say and submit that the present appellant and
myself are living happily as husband and wife and now there is no
any ill will or grievance remain against the present appellant. I
further say and submit that if the conviction order passed by the
Hon'ble Court will remain then the happy marriage life of the
deponent will be disturbed and irreparable loss will be caused to the
deponent if the conviction order therefore, the present deponent
requests to this Hon'ble Court to kindly allow the appeal and quash
and set aside the judgment passed by the learned Second Additional
Sessions Judge, Kheda at Nadiad in Special POCSO Case no. 51 of
2018 in the interest of justice.
Considering the settlement arrived at between the parties and
contents of the affidavit filed by the original complainant, I am of
the opinion that the Criminal Appeal is required to be allowed and
the parties be permitted to compound the offence.
In the result, present Criminal Appeal is allowed. The
judgment and order dated 18.7.2019 passed in Special (POCSO)
Case No. 51 of 2018 by learned 2 nd Additional Sessions Judge &
Special POCSO Judge, Kheda at Nadiad stands quashed and set
aside. Appellant is acquitted for the charges levelled against him.
Bail bonds, if any, stands cancelled.
(SAMIR J. DAVE,J)
BEENA SHAH
