Gujarat High Court
Shaileshkumar Suryakant Vayas vs State Of Gujarat on 22 September, 2023
Bench: M. K. Thakker
NEUTRAL CITATION
R/CR.RA/116/2015 ORDER DATED: 22/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 116 of 2015
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SHAILESHKUMAR SURYAKANT VAYAS
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS DIYA D MITRA, ADVOCATE FOR MR AFTABHUSEN ANSARI(5320) for
the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 22/09/2023
ORAL ORDER
1. Learned advocate Ms. Diya D. Mitra for learned
advocate Mr. Aftabhusen Ansari for the applicant placed on
record an affidavit filed by the complainant, which is ordered
to be taken on record.
2. This is an application challenging the judgment and
order dated 20.06.2014 passed by the learned Judicial
Magistrate First Class, Khambhat in Criminal Case No.859 of
2011, whereby, the applicant was ordered to undergo
sentence of simple imprisonment for one year and fine of
NEUTRAL CITATION
R/CR.RA/116/2015 ORDER DATED: 22/09/2023
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Rs.5,000/-. The order of the learned Judicial Magistrate First
Class, Khambhat was further challenged before the learned
Additional Sessions Judge, Anand in Criminal Appeal No.61 of
2014, where, the learned trial Court was pleased to partly
allow the appeal and set aside the one year conviction and
awarded additional compensation to the tune of Rs.3,00,000/-.
3. It is submitted by Ms. Diya Mitra learned advocate for
the applicant that during the pendency of this revision
application, a settlement was arrived at between the parties
and the complainant has no objection, if the judgment and
order passed by the learned Court below would be quashed.
4. Learned advocate Ms. Laksha Bhavnani for the
complainant confirms about the settlement arrived at between
the parties and given consent on the instructions of the client,
who is present before this Court to allow the present revision
application.
5. In view of the settlement arrived at between the parties,
this revision application is hereby allowed. The Judgment and
NEUTRAL CITATION
R/CR.RA/116/2015 ORDER DATED: 22/09/2023
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order, dated 20.06.2014 passed by the learned Judicial
Magistrate First Class, Khambhat in Criminal Case No.859 of
2011 is hereby quashed in view of the judgment of Hon'ble
Apex Court in the case of Damoder S. Prabhu Vs. Sayed
Babalal reported in 2010 (5) SCC 663,. The applicant is
directed to deposit 10% of the cheque amount before the
Legal Aid Services, Gujarat High Court.
6. Learned Advocate Ms. Laksha Bhavanani is permitted to
file vakalatnama on behalf of the respondent - complainant
and the Registry is directed to accept the same. Rule is made
absolute to the aforesaid extent.
(M. K. THAKKER,J)
A. B. VAGHELA
