Gujarat High Court
Mohammad Rafik Mohammad Yusuf Makrani vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.RA/1233/2018 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1233 of 2018
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MOHAMMAD RAFIK MOHAMMAD YUSUF MAKRANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VA MANSURI(2880) for the Applicant(s) No. 1,2
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 21/07/2025
ORAL ORDER
1. When the matter is called out, learned advocate Mr. V.B. Malik submitted that he has instructions to appear on behalf of the respondent No.2 original complainant - wife and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.
2. Heard learned advocate for the applicant and learned advocate for the respondent. It is submitted that the present applicant-accused has been convicted by the learned trial Court for the offence punishable under Page 1 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:53:49 IST 2025 NEUTRAL CITATION R/CR.RA/1233/2018 ORDER DATED: 21/07/2025 undefined Section 498(A) read with Section 114 of the Indian Penal Code sentenced them to six months of simple imprisonment and same was challenged by preferring an appeal before the learned Sessions Court, Lunawada, Mahisagar and the appeal was rejected and judgment of the conviction passed by the learned trial Court was confirmed and the present revision application has been preferred.
3. Further, it is submitted that the matter has been amicably settled between the parties as Section 498 of the Criminal Procedure Code is concerned, it is compoundable offence. Respondent No.2 is personally present before this Court and asked by the Court, she stated that the matter has been amicably settled and she has no objection if the conviction passed by the learned trial Court is to be quashed and set aside. Further, she also filed an affidavit and also annexed settlement arrived between the parties with this affidavit. Considering the fact that the Section 498(A) of the Indian Penal Code is compoundable offence. The original complainant is a wife and the present applicant No.1 is a husband and No.2 is a mother-in-law Page 2 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:53:49 IST 2025 NEUTRAL CITATION R/CR.RA/1233/2018 ORDER DATED: 21/07/2025 undefined original complainant and as the matter has been amicably settled.
4. The judgment and order passed by the learned Judicial Magistrate First Class, Kadana in Criminal Case No.109/2015 dated 07.05.2018, convicting the present applicant under Section 498(A) read with Section 114 of the Indian Penal Code and sentenced them to six months of simple imprisonment and judgment passed by the learned Sessions Judge Mahisagar at Lunawada in Criminal Appeal No.21/2018 the judgment dated 29.09.2018 rejecting the appeal and confirming the judgment of the learned trial Court of conviction, is hereby, quashed and set aside. The present applicant No.1 and applicant No.2 both are acquitted from all the charges.
Direct service permitted.
(L. S. PIRZADA, J) HRT Page 3 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:53:49 IST 2025