PRAJAPATI MEHULKUMAR BALDEVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Monali Bhatt, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat and Mr. Nabil Khan, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.

(2.) By this application under sec. 401 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the judgment and order dtd. 8/4/2022 passed by the learned 4th Addl. Sessions Judge, Mehsana in Criminal Appeal No.63 of 2021 confirming the judgment and order passed by the learned 3rd Addl. Judicial Magistrate, Mehsana in Criminal Case No.2549 of 2019 dtd. 22/2/2021 and to release the applicant on bail on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting further with the matter. The respondent No.2- Pareshkumar Haribhai Prajapati is personally present and he confirms about the settlement arrived at with the applicant-original accused. The respondent No.2- Pareshkumar Haribhai Prajapati is identified by his learned advocate Mr. Nabil Khan. Mr. Pareshkumar Haribhai Prajapati has also filed an affidavit, inter alia, stating as under:

(3.) From the aforesaid, it appears that out of the total amount of Rs.10,00,000.00 due and payable by the applicant, the applicant has already paid Rs.8,00,000.00 to the respondent No.2 herein-original complainant and the remaining amount of Rs.2,00,000.00 has also been deposited by the applicant before the learned Sessions Court at Mehsana and, therefore, the respondent No.2- original complainant has no grievance or ill-will against the applicant herein and he has no objection if the impugned judgment and orders are quashed and set aside.