Gujarat High Court
Vihol Rameshkumar Prahladji vs State Of Gujarat on 11 September, 2025
NEUTRAL CITATION
R/CR.RA/820/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 820
of 2025
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VIHOL RAMESHKUMAR PRAHLADJI
Versus
STATE OF GUJARAT
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
MR NITINBHAI M DESAI(13406) for the Respondent(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 11/09/2025
ORAL ORDER
1. When the matter is called out, learned advocate Mr.K.R. Chaudhari for the applicant submitted that initially, the present applicant was convicted by the learned Additional Judicial Magistrate, First Class, Vijapur for the offence punishable under Sections 379 and 411 of the Indian Penal Code and sentenced to undergo 3 years' rigorous imprisonment and the said judgment of conviction was challenged by the present applicant by preferring appeal before the Sessions Court, Mehsana, which came to be dismissed and the order of conviction passed by the learned trial Court came to be Page 1 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:18:18 IST 2025 NEUTRAL CITATION R/CR.RA/820/2025 ORDER DATED: 11/09/2025 undefined confirmed. It is further submitted that the present applicant has no other past antecedents.
2. Learned advocate Mr.N.M. Desai for the respondent
- complainant submitted that the matter is amicably settled between the parties and the original complainant has no objection, if the order of conviction is set aside.
3. The respondent no.2 - original complainant is present before the Court and upon asked by the Court, the complainant states that he has no objection, if the order of conviction passed against the present applicant is set aside. The complainant has also filed affidavit to that effect and confirmed the signature on the affidavit, which is placed on record.
4. On the other hand, learned A.P.P. Mr.Niraj Sharma submitted that so far as the offence under Sections 379 and 411 of the Indian Penal Code is concerned, it is a compoundable offence and hence, necessary orders may be passed.
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NEUTRAL CITATION R/CR.RA/820/2025 ORDER DATED: 11/09/2025 undefined
5. Considering the arguments advanced by the learned advocates for the respective parties and considering the fact that the present applicant has been convicted for the offence under Sections 379 and 411 of the Indian Penal Code, which is a compoundable offence and the matter is amicably settled between the parties, the present application requires consideration.
6. In view of the above and in view of the settlement arrived at between the parties, the present application is allowed. The order dated 22.05.2024 passed by the learned Additional Judicial Magistrate First Class, Vijapur in Criminal Case No.542 of 2019, convicting the present applicant under Sections 379 and 411 of the Indian Penal Code and sentencing him to undergo 3 years' rigorous imprisonment and confirmed in Criminal Appeal No.352 of 2024 by the learned 2nd Additional Sessions Judge, Mehsana by order dated 20.05.2025, is hereby quashed and set aside and the present applicant is hereby acquitted from all the charges levelled against him. Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:18:18 IST 2025
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7. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J) Hitesh Page 4 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:18:18 IST 2025