Gujarat High Court
Laxmanbhai Kavjibhai Gameti vs State Of Gujarat on 5 August, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1426 of 2009
With
R/CRIMINAL APPEAL NO. 2031 of 2009
FOR APPROVAL AND SIGNATURE :
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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Approved for Reporting Yes No
✔
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LAXMANBHAI KAVJIBHAI GAMETI
Versus
STATE OF GUJARAT
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Appearance:
BAILABLE WARRANT SERVED for the Appellant(s) No. 1
MR RJ GOSWAMI(1102) for the Appellant(s) No. 1
MS MONALI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 05/08/2025
ORAL JUDGMENT
1. Criminal Appeal No.1426 of 2009 is filed by the appellant - original accused No.1, who was convicted under Section 324 of the Indian Penal Code (IPC) with three months rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, to undergo further simple imprisonment of 15 days. Page 1 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:24 IST 2025
NEUTRAL CITATION R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025 undefined
2. On an earlier date, i.e. on 01.08.2025, the appellant - Laxmanbhai Kavjibhai Gameti was present before this Court who stated that the issue was regarding land and the complainant is his uncle and there has been an amicable solution reached between the parties because of the intervention of the community people as well as the villagers. This Court, therefore asked for the verification of his uncle - Gameti Kalabhai Kanjibhai who is present before this Court today and confirms that the matter has been settled and he has no grievance against his nephew. For verification of his identity, Gameti Kalabhai Kanjibhai has produced a photocopy of the Aadhar Card which reflects his name and photograph. He is the same person. The Aadhar Card of Gameti Kalabhai Kanjibhai is ordered to be taken on record.
3. The dispute which arose was dated 21.03.2008 and the punishment is under Section 324 of the IPC. On the incident as well as on the date of the judgment i.e. Page 2 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:24 IST 2025 NEUTRAL CITATION R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025 undefined 01.08.2009, Section 324 of the IPC was considered a compoundable offence with the consent of the person who is hurt.
4. The complainant himself, i.e. Gameti Kalabhai Kanjibhai who is also known as Gameti Kalidas Naji being the uncle of the appellant has stated that the dispute was with regard to land, which has been resolved and there is no grievance. He has requested that this Court may order for compounding of the offences.
5. On the other hand, learned Additional Public Prosecutor Ms. Monali Bhatt submitted that though the offence was compoundable at the relevant time, taking into consideration the weapon which has been used, it is urged that no such concession should be given to the accused as though the relation between the complainant and accused may of Uncle and nephew, but considering that the weapon used is a Page 3 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:24 IST 2025 NEUTRAL CITATION R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025 undefined knife, the accused should be considered a dangerous person and the injury was inflicted on the lips of the uncle. It is further submitted that the State has therefore asked for enhancement of the sentence. The weapon used is a knife and considering the provision of Section 324 of IPC, the maximum sentence is for three years while the Court has been liberal to grant sentence of three months rigorous imprisonment.
6. Section 320 of Cr.PC as it stood prior to 31.12.2009 permitted the person to whom the hurt was caused to compound the offence. Section 324 is for voluntarily causing hurt by a dangerous person. The person who is hurt, i.e. Gameti Kalabhai Kanjibhai has made a prayer for compounding the offence. The relation between the accused and uncle is of a nephew and uncle; they belong to the same village and the issue was with regard to land. Considering all the above aspects, permission is granted by this Court for compounding the offences.
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7. Considering the fact that the parties have now compounded the offences, and that the aggrieved victim has made a prayer for compounding the offences, in view of provisions of Section 320 of Cr.P.C., where the voice of the aggrieved is given pre- dominance to that of the State, this Court considers that the consent of the aggrieved should be given a priority against the prayer of the State for enhancing the sentence. The Legislature grants the injured prior to 31.12.2009, in a case under Section 324 of IPC to compound the offences and accordingly, this Court grants permission to compound the offences.
8. In view of the above, Criminal Appeal No.1426 of 2009 stands disposed of as settled. The conviction dated 01.08.2009 in Sessions Case No.41 of 2009 is set aside. Bail and bail bond stands discharged. Record and proceedings, if any, be sent back to the concerned Trial Court forthwith.
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9. In view of the settlement between the complainant and the appellant and taking into consideration the provision under Section 320 of Cr.PC, as it stood prior to 31.12.2009, now there would not be any cause for the State to pursue the prayer for enhancement of sentence. In view of the offences being compounded, Criminal Appeal No.2031 of 2009 stands disposed of as infructuous.
Sd/-
(GITA GOPI, J) CAROLINE / DB # 17 Page 6 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:24 IST 2025