RITESHKUMAR AJITKUMAR THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. A.S. Barot and Mr. P.A. Barot, learned advocates state that they have received instructions to appear for and on behalf of the respondent no.2 in these matters and sought permission to appear on behalf of the respondent no.2. Permission; as sought for; stands granted. They shall file their Vakalatnama before the Registry. Registry shall accept the same. ORAL ORDER IN CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2023 In R/CRIMINAL REVISION APPLICATION NO. 128 of 2023 Rule returnable forthwith. Learned advocate Mr. AS Barot waives service of notice of rule for and on behalf of the respondent no.2 and learned APP waives service of notice of rule for and on behalf of the respondent no.1-State. By this application under sec. 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the Criminal Revision Application No. 128 of 2023 against the judgment and order dtd. 7/4/2022 passed by learned 15 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 6637 of 2021 as well as judgment and order dtd. 6/9/2022 passed by learned 4th Additional Sessions Judge, Vadodara in Criminal Appeal No. 139 of 2022. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the Criminal Revision Application No. 128 of 2023 has been sufficiently explained. The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Revision Application No. 128 of 2023 is hereby condoned. Present Application stands disposed of. Rule is made absolute. ORAL ORDER IN In R/CRIMINAL REVISION APPLICATION NO. 128 of 2023

(2.) By way of present application, the applicant has requested to take the settlement on record and compound the offence by quashing and setting aside the judgment and order dtd. 7/4/2022 passed by learned 15 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 6637 of 2021 as well as judgment and order dtd. 6/9/2022 passed by learned 4th Additional Sessions Judge, Vadodara in Criminal Appeal No. 139 of 2022 and acquit the applicant.

(3.) Today, when the matter was taken up for hearing, a joint submission was made by learned advocates for the respective parties that dispute between the parties is settled amicably.