Dikshit @ Batti Harshadbhai ... vs State Of Gujarat
2022 Latest Caselaw 9491 Guj

    R/CR.RA/384/2018                            ORDER DATED: 10/11/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 384 of 2018

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            DIKSHIT @ BATTI HARSHADBHAI THAKAR & 1 other(s)
                                Versus
                           STATE OF GUJARAT
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Appearance:
MANDEEP SINGH SALUJA(8791) for the Applicant(s) No. 1,2
MS. DIVYANGNA JHALA. ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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  CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                          Date : 10/11/2022

                             ORAL ORDER

[1.0.] This Criminal Revision Application is preferred by the

petitioners - accused Nos.1 and 3, challenging their judgment of

conviction and order of sentence passed by the 05 th Additional

Chief Judicial Magistrate, Anand, dated 16.05.2017 rendered in

Criminal Case No.41 of 2015, whereby both the petitioners -

accused came to be convicted for an offence under Sections 323

read with 114 of the Indian Penal Code (for short "IPC") and

ordered to undergo 06 months' simple imprisonment with a fine

of Rs.1,000/- each and in default of payment of fine, they were

ordered to further undergo 1 month's simple imprisonment. Over

and above that, both the petitioners - accused were convicted

for an offence under Sections 325 read with 114 of "IPC" and

R/CR.RA/384/2018 ORDER DATED: 10/11/2022

ordered to undergo 01 month's simple imprisonment with a fine

of Rs.2,000/- each and in default of payment of fine, they were

ordered to undergo further 01 month's simple imprisonment.

[2.0.] The said judgment of conviction, though confirmed

but order of sentence is partly modified by the Appellate Court

being 02nd Additional Sessions Judge, Anand, vide judgment and

order dated 09.04.2018 in Criminal Appeal No.61 of 2017,

whereby the sentence imposed for an offence under Section 325

of "IPC" is reduced and the petitioners - accused were ordered to

undergo 02 years' simple imprisonment, instead of 03 years'

imprisonment and rest of the order is not interfered with by the

Appellate Court.

[3.0.] Against both the judgment and order, present

Revision Application is filed by the petitioners - accused;

however, during the pendency of this Revision Application, it is

reported that matter is settled between the parties.

[4.0.] Since the accused and the first informant are staying

in the same village, due to intervention of the elderly persons

and family friends, an amicable settlement has reached between

the first informant and the petitioners herein.

     R/CR.RA/384/2018                            ORDER DATED: 10/11/2022




[5.0.]        Jasmin Suryakant Patel - first informant is present

before the Court, who is duly identified and represented by Mr.

Dhruvik Patel, learned advocate, who has submitted his

appearance today before the Court through the Court Master.

Along with the said appearance, an affidavit duly affirmed by the

first informant dated 17.10.2022 is also tendered, which is

ordered to be taken on record. Registry is directed to accept the

same and reflect his name.

[6.0.] Learned APP Ms. Divyangna Jhala, has also received a

copy of the said affidavit and she has verified the contents

thereof and the impugned judgment and order and submitted

that there are no any weapon used for commission of an offence.

She has further submitted that it is only kick and fist blow

administered to the victim - first informant. However, since there

was fractured of nasal bone, an offence is alleged against the

petitioners - accused under Section 325 of "IPC". She has further

submitted that the alleged incident took place on trivial issue

between the accused and the first informant about driving the

vehicle on a public road.

[7.0.]        On verifying and ascertaining from the first informant,






     R/CR.RA/384/2018                        ORDER DATED: 10/11/2022

who is present before the Court, the settlement arrived at

between the parties is voluntary in nature and they are residing

in very same village. The offence committed is personal in

nature. Considering the injuries caused by kick and fist blows,

the permission to compound the offence as required under

Section 320 of the Code of Criminal Procedure, 1973 (for short

"the Code"), of the Court is hereby granted. In view of the

settlement arrived at between the parties, the judgment of

conviction and order of sentence imposed by the 05 th Additional

Chief Judicial Magistrate, Anand dated 16.05.2017 in Criminal

Case No.41 of 2015 and judgment and order passed by the

Appellate Court being 02nd Additional Sessions Judge, dated

09.04.2018 in Criminal Appeal No.61 of 2017, whereby sentence

is modified, both are hereby quashed and set aside.

[8.0.] In view of sub-section (8) of Section 320 of "the

Code", the petitioners - accused are hereby ordered to be

acquitted of the charge. Since the petitioners- accused are

ordered to be acquitted pursuant to a settlement entered into

between the parties, an offence, for which the petitioners -

accused are convicted, is compoundable with the permission of

R/CR.RA/384/2018 ORDER DATED: 10/11/2022

the Court, which is granted, the amount of fine deposited by the

petitioners - accused, is required to be refunded but keeping in

mind the fact that this settlement has arrived at revisional stage,

I do not intend to pass an order to refund that fine, which is

already deposited with the Court.

[9.0.] In view thereof, the present Revision Application is

allowed. Rule made absolute to the above extent. Bail bond

stands cancelled. Direct service is permitted.

(UMESH A. TRIVEDI, J) Lalji Desai