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Bombay High CourtREVN/446/2015other disposed off

Joy Daniel v. The State Of Maharashtra And ANR

2016-07-13Hon'Ble Justice Revati Mohite Dere3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.446 OF 2015 WITH CRIMINAL APPLICATION NO.393 OF 2015 WITH CRIMINAL APPLICATION NO.394 OF 2015 IN CRIMINAL REVISION APPLICATION NO.446 OF 2015 Joy Daniel ...Applicant

Versus

1.

The State of Maharashtra 2.

Abdul Wahab Chaudhari

...Respondents

Mr.S.P.Munghate, for the Applicant Ms.P.P.Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 13th JULY, 2016 P.C. :

Learned Counsel for the applicant and the respondent No. 2 state that the parties have arrived at a settlement and tender the Consent Terms dated 29th April, 2016, duly signed by the parties. The same are taken on record and marked `X' for identification. Both the applicant and the respondent No. 2 are present in Court. The respondent no.2 (original complainant) has tendered a xerox copy of the Aadhar Card, in support of his identity. The same is enclosed to the Consent Terms.

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As recorded in the Consent Terms, the complainant has received Cheque No.000652 dated 29th April, 2016 for Rs.47,000/- by way of full and final settlement from the applicant. Respondent No.2 who is present in Court confirms the same. The respondent No. 2 has also given his no objection, to the quashing and setting aside of the impugned judgment and order dated 10th August, 2011, passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai, in Case No.1031/SS/2009 and confirmed by the learned Additional Sessions Judge/Special Judge (CBI), Greater Bombay, vide judgment and order dated 5th August, 2015, in Criminal Appeal No. 525 of 2011. 3.

In view of the Consent Terms, impugned judgment and order dated 10th August, 2011, passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai, in Case No.1031/SS/2009 and confirmed by the learned Additional Sessions Judge/Special Judge (CBI), Greater Bombay, vide judgment and order dated 5th August, 2015, in Criminal Appeal No. 525 of 2011, are quashed and set-aside and the applicant is acquitted of the offence with which he is charged.

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Application is accordingly disposed of on the aforesaid terms. 5.

In view of the above order, Criminal Application Nos. 393 and 394 of 2015 have become infructuous. The same stands disposed of accordingly.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.