Gujarat High Court
Sarfaraj Abdulhussain Tambadiya vs State Of Gujarat on 9 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/SCR.A/6464/2023 CONCILIATION ORDER DATED:
09/09/2023 undefined
IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 9TH DAY OF SEPTEMBER, 2023
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE ILESH J.
VORA
AND
MR. PRAKASH K JANI (SENIOR
ADVOCATE, HIGH COURT OF GUJARAT)
R/SPECIAL CRIMINAL APPLICATION NO. 6464 of 2023
1 SARFARAJ ABDULHUSSAIN
TAMBADIYA
AT OPP. MAHMADI MASJID,
AT POST PANPUR
(SAVGADH), TAL.
HIMMATNAGAR, DIST
SABARKANTHA.
Applicant(s)
VERSUS
1 STATE OF GUJARAT 2 VIJAYKUMAR CHUNILAL
THROUGH PUBLIC JILKA
PROSECUTOR, HIGH PROPRIETOR OF JILKA SAW
COURT OF GUJARAT, SOLA, MILL, RESI. AT JILKA SAW
AHMEDABAD MILL, DAKOR UMRETH
COLLEGE ROAD, AT POST
DAKOR, TAL. THASARA,
DIST KHEDA.
Respondent(s)
==========================================================
Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
==========================================================
This application coming on for conciliation before Lok
Adalat, the following order is passed :
NEUTRAL CITATION
R/SCR.A/6464/2023 CONCILIATION ORDER DATED:
09/09/2023 undefined
CONCILIATION ORDER
1. Mr.Meet Patel, learned advocate states that he has received
instructions to appear for and on behalf of respondent no.2 and
shall file his Vakalatnama in the Registry. Registry is directed to
accept the same.
2. Heard learned advocates appearing for the respective
parties. Learned advocates appearing for the respective parties
have placed on record the affidavit of the original complainant
dated 19.05.2023 signed by the complainant, wherein it is stated
that original complainant has decided to settle the dispute with
original-applicant-accused by accepting the cheque of
Rs.5,00,000/- and he does not have any objection if the
judgment and order dated 04.01.2023 passed in Criminal Case
No.682 of 2009 is quashed and set aside so also, which is the
subject matter to challenge of this Special Criminal Application.
3. The affidavit of the original complainant dated 19.05.2023
signed by the complainant is taken on record.
4. In view of the fact that the dispute is of the private nature,
learned APP does not have any objection if the impugned order is
quashed and set aside.
5. In view of the settlement arrived at between the parties and
in view of the fact that now the original complainant does not
want to continue with the proceedings, the judgment and order
dated 04.01.2023 passed in Criminal Case No.682 of 2009 is
quashed is hereby quashed and set aside.
NEUTRAL CITATION
R/SCR.A/6464/2023 CONCILIATION ORDER DATED:
09/09/2023 undefined
6. In view of the aforesaid, present Special Criminal
Application is disposed of.
7. Since the Special Criminal Application is disposed of, if any
amount, lying with the Sessions Court, be disbursed in favour of
the original applicants-accused.
8. The applicant is directed to deposit a cost of Rs.10,000/-
with the Gujarat State Legal Services Authority, within a period
of two weeks from the date of receipt of this order.
Direct Service is permitted.
(ILESH J. VORA,J)
CONCILIATOR
(PRAKASH K JANI, SENIOR ADVOCATE)
CONCILIATOR
Rakesh
