Gujarat High Court
Mohanji Gangaramji Thakore vs State Of Gujarat on 18 November, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 557 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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MOHANJI GANGARAMJI THAKORE & ORS.
Versus
STATE OF GUJARAT
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Appearance:
ABATED for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Appellant(s) No. 2,3,4
MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 2,3,4
MR HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/11/2025
ORAL JUDGMENT
1. Sessions Case No.151 of 2006 was tried against four accused by the learned Additional Sessions Judge, 3rd Fast Track Court, Deodar. The accused were convicted under Sections 504, 323 and 506(2) read with Section 114 of the Indian Penal Code (for short 'I.P.C.'). The incident is Page 1 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025 NEUTRAL CITATION R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025 undefined dated 14.03.2006. The appellant No.1 - Mohanji Gangaramji Thakore being deceased, his name came to be deleted from the cause title as abated.
2. When the matter was called out, learned advocate Mr. Harshal S.Patel for the injured Shardaben W/o. Okhaji Ravjiji Thakor and son of the complainant - Okhaji Ravjiji Thakor, stated that the original complainant - Ravjibhai Gangaramji Thakor died and the injured Shardaben as well as son of the complainant would want to compound the offence, as it has been 18 long years, and further stated that the original appellant No.1 was the brother of deceased complainant and the present appellant Nos.2, 3 and 4 are the sons of deceased - Mohanji Gangaramji Thakore.
2.1 Learned advocate Mr. Harshal S.Patel proposes to file Vakalatnama. Registry to accept the same. Advocate Mr. Patel has produced the Page 2 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025 NEUTRAL CITATION R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025 undefined affidavit of the Shardaben W/o. Okhaji Ravjiji Thakor as well as affidavit of Okhaji Ravjiji Thakor. Both the deponents are present before this Court.
3. Learned APP Mr. Hardik Mehta submitted that though the offences are compoundable, but the facts of the case suggest that the dispute has caused injury, and the offence is under Section 506(2) of the I.P.C., which is non-compoundable.
4. The parties are related to each other. The complainant and the deceased appellant No.1, who both have died, were real brothers and disputes appears to have occurred because of some agricultural land, and both the brothers had verbally abused each other in the process. It is alleged that appellant No.2 had given a blow from the hind side of the knife on the hand of the complainant, and in the process when daughter-in- law intervened, it is stated that appellant Nos.3 Page 3 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025 NEUTRAL CITATION R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025 undefined and 4 both had given fist blows, and appellant No.4, who has having a stick in his hand had also injured the complainant on his shoulder.
5. Section 320 Cr.P.C., as it stood prior to 31.12.2009, had made Section 504 and Section 506 compoundable. The table, which was annexed has not separated Section 506 I.P.C. into two parts, however, the description of offence, which makes it compoundable, shows the criminal intimidation except when the offence is punishable with imprisonment for seven years.
6. The facts of the case, as could be seen was that the injury, which was caused was also with the hind side of the knife. The observation is only of abrasion. The allegation of threat to life was in general form, and since now the injured lady and the son of the complainant have already settled the disputes and have made prayer for compounding the offence under Sections 323 Page 4 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025 NEUTRAL CITATION R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025 undefined and 504, which is permissible without the permission of the Court, this Court considers the affidavits filed with individual affirmation and accepts the proposal for compounding the offence under Sections 323 and 504 of I.P.C.
7. As the objection has been raised for Section 506(2) I.P.C. by learned APP Mr. Hardik Mehta, this Court is of an opinion that the allegations are in general form and in the charge no individual accused have been attributed with the charge of such criminal threat, prima facie too, does not become proved. Thus, considering this fact, the accused are acquitted for the offence under Section 506(2) of I.P.C.
8. In the result, the appeal is allowed. The conviction and sentence of the accused passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Deodar vide judgment and order dated 27.02.2007 in Sessions Case No.151 of 2006 is Page 5 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025 NEUTRAL CITATION R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025 undefined quashed and set aside. The appellants are acquitted from the charges. Bail bond stands discharged. Registry is directed to send the Record and Proceedings back to the concerned Trial Court forthwith.
(GITA GOPI,J) Pankaj/12 Page 6 of 6 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 02:17:56 IST 2025