SM 1 8.revn.319.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 319 OF 2011 Mr. Abdul Qavi Khan ....Applicant Versus Mr. Mohd. Osama Sabir Shaikh and anr. ....Respondents ____________ Ms Anjali Patil for the Applicant. Shri. Vinod Kothari with Ms. Smita Lad i/b. Mr. D. Shaikh for the Respondent No. 1. Shri. S. S. Pednekar, APP for the Respondent -State. CORAM: B. R. GAVAI , J. DATED : 11 TH JULY, 2011. P.C.: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present Revision Application, the Applicant has prayed for permission to compound the offence between the parties and quash and set aside the order of conviction as recorded by the learned Trial Court and confirmed by the Appellate Court. 3. The Consent Terms, duly signed by the parties and their Counsel are placed on record and marked 'X' for identification. It is stated that the matter has been amicably settled. An amount of Rs.4,00,000/- (Rupees Four Lakhs) has been paid by the Applicant SM 2 8.revn.319.11 to the original Complainant. It is further stated that the amount deposited by the Applicant in the Trail Court as well as the Appellate Court should be withdrawn by the Applicant. Applicant is personally present in the Court. 4. In that view of the matter, rule is made absolute in the following terms: (i) The order of conviction recorded by the learned Metropolitan Magistrate, 33 rd Court, Ballard Pier, Mumbai in C.C. No. 825/SS/07 and the order passed by the Sessions Judge in Appeal No. 130 of 2010 on 5 th July, 2011 be quashed and set aside. (ii) The Applicant is acquitted of the offence charged with. The Applicant be released forthwith, if not required in connection with any other offence. (iii) The amount deposited by the Applicant in the Trial Court as well as before the Appellate Court would be permitted to withdraw by the Applicant. (iv) All concerned to act on an authenticated copy of this order. (B. R. GAVAI, J.)