Kalpeshbhai Nanubhai Nayak vs State Of Gujarat
2022 Latest Caselaw 5990 Guj

   R/CR.RA/125/2018                                       ORDER DATED: 06/07/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION NO.                     125 of 2018
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                        KALPESHBHAI NANUBHAI NAYAK
                                  Versus
                      STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
MR SHASHIKANT S GADE(1706) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                             Date : 06/07/2022

                                 ORAL ORDER

1. By this application under section 397 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside judgment and order dated 22.12.2016 passed in Domestic Violence Application No. 10/2009 by the learned 2nd Additional Sr. Civil Judge and Additional Chief Judicial Magistrate, Navsari and the Judgment and Order dated 30.12.2017 passed by the learned Principal District Judge, Navsari in Criminal Appeal No. 2 of 2017.

2. It is submitted by the learned counsel for the respective parties that compromise has been arrived at between the parties and in this connection and the respondent no.2 wife has filed compromise affidavit declaring that dispute has been amicably settled between the parties as per the terms and conditions mentioned in the compromise

R/CR.RA/125/2018 ORDER DATED: 06/07/2022

affidavit, which is produced at page 105, and the Respondent no.2 has no objection if the impugned orders are quashed and set aside

3. In view of this latest position, the judgment and order dated 22.12.2016 passed in Domestic Violence Application No. 10/2009 by the learned 2nd Additional Sr. Civil Judge and Additional Chief Judicial Magistrate, Navsari and the Judgment and Order dated 30.12.2017 passed by the learned Principal District Judge, Navsari in Criminal Appeal No. 2 of 2017 are hereby quashed and set aside. The present application is allowed to the aforesaid extent. Rule is made absolute accordingly.

(SAMIR J. DAVE,J) BIJOY B. PILLAI