Gujarat High Court
Hemubhai Naranbhai Koli vs State Of Gujarat on 17 September, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1295/2003 ORDER DATED: 17/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1295 of 2003
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HEMUBHAI NARANBHAI KOLI
Versus
STATE OF GUJARAT
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Appellant(s) No. 1
MR RAVI MANDALIYA for the heirs of the first informant-complainant
MR ROHANKUMAR H RAVAL, APP for the Opponent(s)/Respondent(s) No.
1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 17/09/2025
ORAL ORDER
1. When the matter was called out for hearing, learned advocate Mr. Piyush Trivedi for the appellant has submitted that the parties have settled their dispute and the legal heirs of the deceased - complainant have resolved the dispute and want to compound the offence.
2. Mr. Piyush Trivedi, learned advocate for the appellant has submitted that the dispute was regarding small children who were playing near the house and thus, husband and wife both were made accused in the matter. Advocate Mr. Trivedi Page 1 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:19:03 IST 2025 NEUTRAL CITATION R/CR.A/1295/2003 ORDER DATED: 17/09/2025 undefined has submitted that the wife has been acquitted, while the present appellant came to be convicted under Sections 323 and 324 of the Indian Penal Code, 1860, while acquitted from the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as "the Atrocities Act").
3. Today, the wife - Kaliben Budhabhai Ganiyal (Harijan) and son - Prabhubhai Budhabhai Ganiyal of the deceased complainant are present before this Court and they are identified by learned advocate Mr. Ravi Mandeliya who proposes to file Vakalatnama for Kaliben and Prabhubhai - legal heirs of the complainant. Let his Vakalatnama be accepted on record. Both the heirs of the complainant-Kaliben and Prabhubhai submitted that the original complainant has expired on 31.1.2005 and now they have no dispute with any of the accused or any of the persons in the Page 2 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:19:03 IST 2025 NEUTRAL CITATION R/CR.A/1295/2003 ORDER DATED: 17/09/2025 undefined Village and both of them stated that they wanted peace in the Village and therefore, has amicably settled the dispute and has made a prayer to compound the offence. A copy of the death certificate of the complainant is produced on record.
4. The affidavits of settlement of Prabhubhai and Kaliben are ordered to be taken on record.
5. Mr. Rohankumar H. Raval, learned APP has submitted that since it is acquittal under the Atrocities Act and when the offence under Section 323 and 324 are compoundable offence as the incident had taken place on 2.11.1998 and hence, submitted that it is the statutory provision under Section 320 of the Code of Criminal Procedure, 1973, which allows the complainant to compound the offence.
6. Section 324 as per the table under sub-section (2) of Section 320 is compoundable with the Page 3 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:19:03 IST 2025 NEUTRAL CITATION R/CR.A/1295/2003 ORDER DATED: 17/09/2025 undefined permission of the Court, while Section 323 which is recorded in the table under sub-section (1) of Section 320 becomes compoundable even without the permission of the Court and when the parties have settled the dispute and have urged for compounding the offence, permission is granted.
7. In the result, the appeal is allowed in the above terms. The judgment and order of conviction and sentence dated 30.9.2003 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) in Special Atrocity Case no.114 of 2000 is set aside. The appellant is acquitted from all the charges. Registry is directed to send the record and proceedings back to the concerned Trial Court forthwith.
(GITA GOPI,J) Maulik Page 4 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:19:03 IST 2025