RUSHIKUMAR KESHAVLAL OZA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-7-591
HIGH COURT OF GUJARAT
Decided on July 26,2021

Rushikumar Keshavlal Oza Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

DAMODAR S PRABHU VS. SAYED BABALAL H [REFERRED TO]


JUDGEMENT

ASHUTOSH J.SHASTRI,J - (1.)By way of this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant has challenged the legality and validity of order of conviction dated 19.06.2021 passed by learned Principal District and Sessions Judge, Banaskantha, Palanpur in Criminal Appeal No. 41 of 2018 below Exh.17, by virtue of which, order of conviction dated 05.05.2018 passed by learned 2nd Additional Chief Judicial Magistrate, Palanpur in Criminal Case No. 4156 of 2015 came to be confirmed and consequently, has sought for acquittal on the said case.
(2.)During the passage of time, the issue is resolved amicably between the parties to the proceedings and as such, learned advocate Mr. N. K. Majmudar appearing for the applicant and learned advocate Ms. Chinmayi Trivedi appearing for respondent No.2 - original complainant have requested to dispose of the revision application. Accordingly, the matter is taken up for final hearing.
(3.)Learned advocate Mr. N. K. Majmudar, from the record, has indicated that the issue is resolved between the parties amicably and for that purpose, a specific writing is executed, which is produced on page 60 onward of the present proceedings and by virtue of said writing dated 05.07.2021, the original complainant has confirmed the factum of payment of Rs.1 Lac by way of cash and has said that there is no other exchange of amount between the parties and this settlement has taken place with freewill and without any coercion.


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