JANAKKUMAR NARANDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. HL Jani waives service of rule for respondent No. 1-State.

(2.) THE present revision application has been filed under sec. 401 read with sec. 482 of the Code of Criminal Procedure by the applicant for the prayer that the judgment and order passed by the Metropolitan Magistrate, Court No.2, in Criminal Case No. 283/2008 dated 30.10.2010 may be quashed and set aside. It is also prayed that the judgment and order passed by the learned Principal Sessions Judge, City Civil & Sessions Court, Ahmedabad in Criminal Appeal No. 485/2010 confirming the aforesaid judgment and order may also be quashed and set aside on the grounds stated in the memo of the application.

(3.) THEREFORE, having record to the aforesaid facts and circumstances, and considering the fact that the entire amount has been paid as stated in the writing/settlement arrived at between the parties produced at Annexure-B, the present revision application deserves to be allowed considering the observations made by the Hon'ble Apex Court in the case of K. Gyansagar v. Ganesh Gupta & anr. (supra) as well as the observations made in the judgment in th case of Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582. The Hon'ble Apex Court has observed in this judgment, We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.