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2022 (2) TMI 555

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..... ot convicted in connection with any other offence - the revision application is allowed. Learned advocate for the applicant requests to permit the applicant to withdraw the amount deposited by the applicant - Applicant is hereby permitted to withdraw the amount deposited by him before the trial Court. - R/Criminal Revision Application No. 392 of 2021 - - - Dated:- 28-1-2022 - B. N. Karia , J. For the Appellant : N. R. Kodekar and Romil L. Kodekar For the Respondents : Kishore Prajapati and Maithili Mehta , APP ORDER Leave to amend the prayer clause. 1. By way of present Criminal Revision Application, applicant has challenged the order of conviction and sentence dated 11.4.2018 passed by learned 2nd Additional C .....

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..... riate order regarding the amount i.e. ₹ 25,625/- deposited at Nazir of District Court, Surat in Criminal Appeal No. 118 of 2018 as per the order of respected 17th Additional Sessions Judge, Surat and further of amount ₹ 10,000/- deposited at trial Court as per the order of Hon'ble this Court to be release in favour of the applicant-accused and I have no objection for the same. 4. Learned advocates for the respective parties also confirm that the settlement is arrived at between the parties and stated that the dispute is amicably settled and nothing requires to be adjudicated on merits by this Court. Therefore, they have requested this Court to dispose of this Revision Application by quashing and setting aside the impugne .....

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..... 18. Taking into consideration even the said provision (Section 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We therefore dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent. 7. Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case, I am of the opinion that the revision application is required to be allowed and the parties be permitted to compound the offence. 8. Considering the facts of the case, submissions made by learned advocates for the applicants and respondent No. 1 as well as learned APP, it appears that the dispute is settled between the parties. .....

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