SHIVABHAI JESANGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IT is submitted by learned advocate Mr. Sanjanwala that the matter is amicably settled between the parties because of the intervention of the relatives. It is also submitted that the parties are residing in the same village in same vicinity. The complainant, who is a lady, is personally present before this Court, who has been identified by learned advocate Mr. Sanjanwala. The xerox copy of the Identity Card issued by the Election Commission of India is also produced before this Court along with the settlement purshis which has been annexed to the application, i. e. Criminal Misc. Application No. 14658 of 2009 filed for the purpose of seeking compounding the offence. The settlement purshis is signed by both the sides along with their respective advocates. The same is ordered to be taken on record.

(2.) IT is submitted by the parties before this Court that since the matter is settled amicably between the parties, now the complainant has no grievance against the accused and has requested to grant permission to compound the offence punishable under Section 354 of Cr. PC. Permission as sought for is granted. Consequently, the judgment and order dated 21. 10. 199 passed by the learned third Joint Judicial Magistrate, First Class, Modasa in Criminal Case No. 1660 of 1997 and the judgment and order dated 25. 7. 2991 passed by the learned Addl. Sessions Judge, Sabarkantha, Himmatnagar, Camp Modasa in Criminal Appeal No. 32 of 199 are hereby quashed and set aside. The present petitioner-orig. accused is acquitted of the offences punishable under Section 354, 323 and 504 of IPC. The petitioner is on bail and hence, his bail bond shall stand cancelled. Fine paid, if any, be refunded to the appellant-accused. The Revision application is allowed accordingly and rule is made absolute.