Gujarat High Court
Dhiru Chaku Vaghri vs The State Of Gujarat on 25 July, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1835 of 2006
With
R/CRIMINAL APPEAL NO. 1839 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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DHIRU CHAKU VAGHRI & ANR.
Versus
THE STATE OF GUJARAT
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Appearance:
MRS REKHA H KAPADIA(2246) for the Appellant(s) No. 1,2
MS MONALI BHATT, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 25/07/2025
ORAL JUDGMENT
1. The appellants of both the matters are present before this Court. The Court inquired from the accused - Dhirubhai Chakubhai Vaghri and Bhailal Chaku Vaghri of Criminal Appeal no.1835 of 2006 and Nanjibhai Bhimabhai Vaghri of Criminal Appeal no.1839 of 2006 regarding their present state and their relation with each other. All the other accused who have been acquitted are present before this Court. They all in one voice stated that now there is peace Page 1 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 01:04:57 IST 2025 NEUTRAL CITATION R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025 undefined in the Village and there is no grievance or grudge which is remaining and with the intervention of the village people and the community members, they have resolved their dispute. Both the side have urged the Court for compounding the offence.
2. On 18.7.2025, both the learned advocates Ms. Rekha H. Kapadiya and Ms. Alka B. Vaniya had apprised this Court about the provision with regard to Sections 323 and 324 of the Indian Penal Code, 1860 (IPC) and assisted the Court with regard to earlier provision under Section 320 Code of Criminal Procedure, 1973 (Cr.P.C.) and had expressed their opinion that there would be scope of settlement, where the injury sustained would not be considered as grave.
3. On verification of three accused present before this Court and their inter-se relation as well as with other acquitted persons, this Court has found that all have come together and they all had shared with the Court the peaceful co- existence in the Village.
4. The accused in Criminal Appeal no.1839 of 2006 is sentenced for one year rigorous imprisonment and fine of Page 2 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 01:04:57 IST 2025 NEUTRAL CITATION R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025 undefined Rs.1,000/- and in default of payment of fine, one month simple imprisonment for the offence punishable under Section 323 IPC. While both the accused of Criminal Appeal no.1835 of 2006 have been convicted for the offence punishable under Sections 324 and 504 IPC. Under Section 504 IPC, the accused are convicted to undergo one year rigorous imprisonment and fine of Rs.1,000/- with the default stipulation of one month simple imprisonment, while under Section 324 IPC, two years rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine, two months simple imprisonment.
5. Section 323 is compoundable offence, where the injured has a liberty to compound the offence even without the permission of the Court.
6. The incident had occurred on 23.6.1999. Section 320 Cr.P.C. as it stood prior to 2009 included Section 324 IPC in Table-2 under sub-section (2) of Section 320 Cr.P.C., where the person to whom hurt is caused has the authority to compound the offence with the permission of the Court. Page 3 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 01:04:57 IST 2025
NEUTRAL CITATION R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025 undefined
7. Ms. Monali Bhatt, learned APP has submitted that Section 324 is non-compoundable as per the amended provision of Section 320 Cr.P.C.
8. Taking into consideration the fact that both the parties have settled the dispute, the law and order is maintained and when both the parties have expressed their opinion to compound the offence and the offence under Section 324 IPC was compoundable at the time of offence and even at the time of judgment of Trial Court, permission is granted.
9. In the result, the appeals are allowed. The judgment and order of conviction and sentence dated 28.9.2006 passed by the learned Presiding Officer, Fast Track Court no.4, Morbi in Sessions Case no.11 of 2002 and Sessions Case no.52 of 2005 are hereby quashed and set aside. All the accused are acquitted in view of the sentence being compounded. Bail bond stands discharged. Registry is directed to send the record and proceedings back to the concerned Court forthwith.
(GITA GOPI,J) Maulik Page 4 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 01:04:57 IST 2025