Mangalbhai Ramanbhai Chauhan vs State Of Gujarat
2021 Latest Caselaw 382 Guj

        R/CR.RA/691/2020                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 691 of 2020
                              With
     CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2020
        In R/CRIMINAL REVISION APPLICATION NO. 691 of 2020
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                  MANGALBHAI RAMANBHAI CHAUHAN
                              Versus
                        STATE OF GUJARAT
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
A N KADRI(7990) for the Respondent(s) No. 1
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                           Date : 12/01/2021

                            ORAL ORDER

Order in Criminal Revision Application

1. With the consent of learned advocates appearing for the respective parties, present Revision Application is taken up for final disposal.

2. By way of present Revision Application under section 397 read with section 401 of Code of Criminal Procedure, the applicant has made following prayer in terms of para - 8(B) :-

"8(B) Your Lordship may be pleased to quash and set aside the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Kheda at Nadiad in Criminal Appeal No.14 of 2019 dated 14.12.2020 as well as the judgment and order passed by the 2nd CJM, Nadiad in Criminal Case No.48 of 2018 dated

R/CR.RA/691/2020 ORDER

08.02.2019 and further be pleased to acquit the present appellant from above all charges:"

2.1 The applicant is convicted under section 325 of IPC for five years and to pay fine of Rs.5,000/-, in default to suffer 2 months S.I.

3. Today, respondent no.2 - original complainant along with her learned advocate Mr. A.N.Kadri is present before the Court through Video Conferencing and has also placed on record affidavit of original complainant inter-alia disclosing that the applicant is her relative and due to intervention of family members and elder of community, dispute between them is settled amicably and now she has no grievance against the applicant and she has no objection, if the applicant is acquitted from the offences in question.

4. Respondent no.2 - original complainant admits voluntary character of the affidavit and duly explained to her by learned advocate in Gujarati. It is a matter of fact that the applicant is behind bar since 04.01.2021. In the case of Khursheed and Anr. v/s. State of Uttar Pradesh and Anr. reported in (2007) 12 SCC 68, the Hon'ble Supreme Court has permitted to compound the offence punishable under sections 323, 325 and 34 of Indian Penal Code in order to continue smooth relationship and harmony and accordingly, accused there were acquitted.

5. Having regard to affidavit filed by the original complainant and ratio laid down in the case of Khursheed (Supra), read with provision of section 320 of Code of Criminal

R/CR.RA/691/2020 ORDER

Procedure, it appears that there is no criminal antecedents and parties to the proceedings are relatives and residing in the same village and there is no question of settlement being result of coercion or inducement and considering the fact that families are in formal terms, now it is a fit case to accept present Revision Application and accordingly, it is hereby allowed and prayer in terms of para 8(B) is hereby granted. The concerned jail authority shall release the applicant immediately, if he is not required in any other offence. Registry to communicate present order to the Court concerned and jail authority through e-mail, today. Direct service is permitted.

Order in Criminal Misc. Application

In view of order passed today in main Criminal Revision Application, present application would not survive. Accordingly, present application stands disposed of.

(S.H.VORA, J) SATISH