Gujarat High Court
Patel Navinbhai Manilal vs The State Of Gujarat on 24 July, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1718/2006 JUDGMENT DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1718 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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PATEL NAVINBHAI MANILAL & ANR.
Versus
THE STATE OF GUJARAT
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Appearance:
A R ROCKEY(7592) for the Appellant(s) No. 1,2
KHUSHI P JADAV(7351) for the Appellant(s) No. 1,2
MR. HARDEEP L MAHIDA(7112) for the Appellant(s) No. 1,2
MR ROHANKUMAR RAVAL APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/07/2025
ORAL JUDGMENT
1. Today, when the matter was called out, learned advocate Mr. Hardeep L.Mahida has produced death certificate of appellant No.1 - Patel Navinbhai Manilal, which shows the date of death as 17.07.2025. The certificate is issued by Talati-cum- Mantri, Jasalpur Gram Panchayat, Taluka Chanasma, District Patan. In view of the death, appeal of appellant No.1 stands abated.
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NEUTRAL CITATION R/CR.A/1718/2006 JUDGMENT DATED: 24/07/2025 undefined
2. The appellant No.2 - Patel Vishnubhai Manilal along with the complainant - Sureshbhai Kantilal Parmar and the injured victim - Vishnu alias Isho Rameshbhai Parmar were present before the Court along with four village people in the first session and urged the Court for compounding the offence stating that the injured victim and the appellant No.2 both are neighbours.
3. The injured victim - Vishnu alias Isho Rameshbhai Parmar submitted that now he has no grudge against anyone and stated that the incident is of 15.06.2005 and long time has passed and they are residing in the neighborhood peacefully. The injured victim - Vishnu alias Isho Rameshbhai Parmar also stated that he does not want the grudge to continue and thus, made a prayer for compounding the offence.
4. Learned advocate Mr. Dhaval V. Kansara proposes to file Vakalatnama on behalf of the complainant as well as for victim. Registry to accept the Vakalatnama of Mr. Kansara.
5. This Court has insisted for affidavit of all the parties. Therefore, in the second session, the affidavit of the injured victim - Vishnu Rameshbhai Parmar and the complainant - Sureshbhai Kantilal Parmar with four witnesses along with Page 2 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 01:07:13 IST 2025 NEUTRAL CITATION R/CR.A/1718/2006 JUDGMENT DATED: 24/07/2025 undefined individual affidavit of Vishnu Rameshbhai Parmar, affidavit of the complainant - Sureshbhai Kantilal Parmar and affidavit of accused - Patel Vishnubhai Manilal are produced on record. Accused is identified by learned advocate Mr. Dhaval Kansara. Affidavits are ordered to be taken on record.
6. Learned APP Mr. Rohan Raval submitted that Section 324 of the IPC is not compoundable by the amended provision of 2009 in 320 of Cr.P.C., thus, stated that the settlement therefore, should not be entertained.
7. The incident is of 15.06.2005. Section 324 of IPC was having its place in the second table under Section 320 of Criminal Procedure Code, where the section was made compoundable with the permission of the Court and the person who is hurt can compound the offence. Section 337 was having its place in table-2, while Sections 323, 504 and 506 of IPC were applicable Sections in table-1, where the offences could be compounded by the person affected and injured.
8. Taking into consideration those sections, which had been invoked in the present matter, and having considered the settlement and the affidavits of the injured victim, complainant Page 3 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 01:07:13 IST 2025 NEUTRAL CITATION R/CR.A/1718/2006 JUDGMENT DATED: 24/07/2025 undefined and the accused with the statements of the complainant and the victim with four of the witnesses on the hope that the parties would reside amicably and peacefully and since the sections which are invoked are compoundable under Section 320 of Cr.P.C., prior to 2009, taking into consideration the date of incident, the parties are permitted to compound the offence. The present appellant No.2 was acquitted under the charges of Atrocity Act.
9. In the result, the appeal is allowed. The conviction and sentence of the accused passed by the learned Special Judge, Fast Track Court, Patan vide judgment and order dated 25.08.2006 in Special Atrocity Case No.5 of 2006 is quashed and set aside. Appellant No.2 is acquitted in terms of compounding the offence. Bail bond stands discharged. Registry is directed to send the Record and Proceedings back to the concerned Trial Court.
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