ISUBKHAN JUZARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Ms.Moxa Thakkar, the learned APP, waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Imran Pathan, the learned counsel waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

(2.) The applicant, being dissatisfied with the judgment and order of conviction, preferred the Criminal Appeal No.3 of 2016 in the Sessions Court at Mehsana. The appellate court, by judgment and order dated 22nd September 2017, dismissed the appeal, thereby affirming the judgment and order of conviction passed by the trial Court.

(3.) It appears that at the time when the appellate court dismissed the appeal, the accused was not present, and in such circumstances, the appellate court issued warrant of arrest. Before the warrant of arrest could be executed, a settlement has been arrived at between the complainant and the applicant.