By way of present Revision Application, filed under Section 397 of the Code of Criminal Procedure, the applicant has challenged the judgment and order dated 31st December, 2011 passed in Criminal Appeal No.34 of 2011 whereby the appeal preferred by the applicant has been rejected and the judgment and order dated 25th February, 2011 passed by the learned 13th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat sentencing the applicant to undergo six months simple imprisonment and fine of Rs.10,000/-, and in default, to undergo one month's simple imprisonment has been confirmed.
Heard Mr.P.B. Khambholja for Mr.N.K. Majmudar, learned counsel for the applicant and Mr.Deep D. Vyas, learned counsel for the respondent No.1.
Today the applicant-original accused and respondent No.1-original complainant are present in the Court and they presented affidavit for compromise on record dated 29th March, 2012, which is taken on record. Learned counsel for the respective parties state that the matter is settled between the parties and now there is no dispute between the parties. Learned counsel for the respective parties identified the respective parties and also identified their signature.
In view of settlement arrived at between the parties, now there is no dispute between the parties. Hence, the judgment and order dated 31st December, 2011 passed by the learned 5th (Ad-hoc) Additional Sessions Judge, Surat in Criminal Appeal No.34 of 2011 confirming the judgment and order dated 25th February, 2011 passed by the learned 13th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat in Criminal Case No.1443 of 2009 is hereby quashed and set aside. Amount deposited by the present applicant-original accused before the Trial Court, Surat on 12th January, 2012 is permitted to be withdrawn by the respondent No.1-original complainant. The Trial Court is directed to gave the said amount to respondent No.1-original accused after proper verification. Rule is made absolute to the aforesaid extent.
(Z.
K. Saiyed, J) Anup Top