Shravanbhai Baldevbhai Thakor vs State Of Gujarat
2024 Latest Caselaw 4509 Guj

Gujarat High Court

Shravanbhai Baldevbhai Thakor vs State Of Gujarat on 6 June, 2024

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      R/SCR.A/6479/2024                                      ORDER DATED: 06/06/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6479 of 2024

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                          SHRAVANBHAI BALDEVBHAI THAKOR
                                      Versus
                             STATE OF GUJARAT & ANR.
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Appearance:
SANKUL K KABRA(9304) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                  Date : 06/06/2024

                                   ORAL ORDER

1. By way of the present application the applicant prays as

follows:

"(A) Hon'ble Court be pleased to issue an appropriate

order or direction quashing impugned judgment and

order dated 12.04.2024 passed by Ld. Judicial

Magistrate First Class, Mandal in Criminal, Case No.

328 of 2019;

(B) Pending admission, hearing and final disposal of the

present petition, Hon'ble Court be pleased to stay

operation, implementation and operation of judgment

and order dated 12.04.2024 passed by Ld. Judicial

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R/SCR.A/6479/2024 ORDER DATED: 06/06/2024

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Magistrate First Class, Mandal in Criminal Case No. 328

of 2019;

(C) Any other and further relief which may deem fit in

the interest of justice be granted."

2. Learned advocate for the applicant Mr.Kabra submits

that after the judgment and order of conviction was

passed by the learned trial court, the matter is amicably

settled between the parties and the cheque amount is

paid to the complainant. Learned advocate Mr.Kabra

submits that in view of the above settlement, this

petition is required to be allowed and judgment and

order of conviction is required to be quashed and set

aside.

3. On the other hand, learned advocate Mr. Atul.R.Sharma

states at bar that he has instruction to appear on behalf

of the respondent no.2-original complainant and has filed

affidavit of original complainant stating that the matter

is settled between the parties and he has no objection if

this application is allowed. The affidavit is ordered to be

taken on record.

4. In view of the above submissions, this petition is allowed

and the impugned judgment and order of conviction is

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R/SCR.A/6479/2024 ORDER DATED: 06/06/2024

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quashed and set aside.

5. The applicant is directed to deposit Rs.15,000/- towards

cost pursuant to the judgment of the Apex Court in

Damodar S Prabhu Vs Sayed Babalal H, reported in

2010 (5) SCC 663, before the High Court Legal Aid

Service Authority within a period of four weeks from the

date of this order.

6. In view of the above direction, present application is

disposed of accordingly.

7. Direct service is permitted.

(M. K. THAKKER,J) ARCHANA S. PILLAI