RAMESHGIRI DHUDAGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this Criminal Revision Application under section 397 r.w. Section 401 of the Criminal Procedure Code, 1973, the petitioner has challenged orders dated 29.1.2007 and 17.6.2008 in criminal case No.3259 of 2005 and in Criminal Appeal No.2/2007 respectively. Today, when the matter is called out, Mr. AP Shah, learned advocate for the applicant has informed the Court that the parties have arrived at a full and final settlement and the offence is compounded. The parties, therefore, jointly requested to pass order in the captioned revision application, in view of the settlement arrived at between the parties. Hence, Rule. Learned APP, Mr. I.M.Pandya waives service of notice of rule on behalf of the respondent No.1 and learned advocate Mr. S.P.Majmudar waives service of notice of rule on behalf of the respondent No.2. At the request and with consent of the learned advocates for the respective parties, the application is taken up for final hearing today as the offence has been compounded.

(2.) MR . Shah, learned advocate for the applicant has placed on record affidavit dated 23.6.2008 made by Ghemarbhai Moghabhai Patel. In light of the said affidavit, he has submitted that the applicant and the respondent No.2 have compounded the offence.

(3.) THE complainant, Ghemarbhai Moghabhai Patel has, in the said affidavit, stated on oath as follows: -