Gujarat High Court
Laxmanbhai Kavjibhai Gameti vs State Of Gujarat on 5 August, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1426 of 2009
With
R/CRIMINAL APPEAL NO. 2031 of 2009
FOR APPROVAL AND SIGNATURE :
HONOURABLE MS. JUSTICE GITA GOPI Sd/-
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Approved for Reporting Yes No
✔
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LAXMANBHAI KAVJIBHAI GAMETI
Versus
STATE OF GUJARAT
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Appearance:
BAILABLE WARRANT SERVED for the Appellant(s) No. 1
MR RJ GOSWAMI(1102) for the Appellant(s) No. 1
MS MONALI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 05/08/2025
ORAL JUDGMENT
1. Criminal Appeal No.1426 of 2009 is filed by the
appellant - original accused No.1, who was convicted
under Section 324 of the Indian Penal Code (IPC) with
three months rigorous imprisonment and a fine of
Rs.500/- and in default of payment of fine, to undergo
further simple imprisonment of 15 days.
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R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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2. On an earlier date, i.e. on 01.08.2025, the appellant -
Laxmanbhai Kavjibhai Gameti was present before this
Court who stated that the issue was regarding land
and the complainant is his uncle and there has been
an amicable solution reached between the parties
because of the intervention of the community people as
well as the villagers. This Court, therefore asked for
the verification of his uncle - Gameti Kalabhai
Kanjibhai who is present before this Court today and
confirms that the matter has been settled and he has
no grievance against his nephew. For verification of
his identity, Gameti Kalabhai Kanjibhai has produced
a photocopy of the Aadhar Card which reflects his
name and photograph. He is the same person. The
Aadhar Card of Gameti Kalabhai Kanjibhai is ordered
to be taken on record.
3. The dispute which arose was dated 21.03.2008 and
the punishment is under Section 324 of the IPC. On
the incident as well as on the date of the judgment i.e.
NEUTRAL CITATION
R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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01.08.2009, Section 324 of the IPC was considered a
compoundable offence with the consent of the person
who is hurt.
4. The complainant himself, i.e. Gameti Kalabhai
Kanjibhai who is also known as Gameti Kalidas Naji
being the uncle of the appellant has stated that the
dispute was with regard to land, which has been
resolved and there is no grievance. He has requested
that this Court may order for compounding of the
offences.
5. On the other hand, learned Additional Public
Prosecutor Ms. Monali Bhatt submitted that though
the offence was compoundable at the relevant time,
taking into consideration the weapon which has been
used, it is urged that no such concession should be
given to the accused as though the relation between
the complainant and accused may of Uncle and
nephew, but considering that the weapon used is a
NEUTRAL CITATION
R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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knife, the accused should be considered a dangerous
person and the injury was inflicted on the lips of the
uncle. It is further submitted that the State has
therefore asked for enhancement of the sentence. The
weapon used is a knife and considering the provision
of Section 324 of IPC, the maximum sentence is for
three years while the Court has been liberal to grant
sentence of three months rigorous imprisonment.
6. Section 320 of Cr.PC as it stood prior to 31.12.2009
permitted the person to whom the hurt was caused to
compound the offence. Section 324 is for voluntarily
causing hurt by a dangerous person. The person who
is hurt, i.e. Gameti Kalabhai Kanjibhai has made a
prayer for compounding the offence. The relation
between the accused and uncle is of a nephew and
uncle; they belong to the same village and the issue
was with regard to land. Considering all the above
aspects, permission is granted by this Court for
compounding the offences.
NEUTRAL CITATION
R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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7. Considering the fact that the parties have now
compounded the offences, and that the aggrieved
victim has made a prayer for compounding the
offences, in view of provisions of Section 320 of
Cr.P.C., where the voice of the aggrieved is given pre-
dominance to that of the State, this Court considers
that the consent of the aggrieved should be given a
priority against the prayer of the State for enhancing
the sentence. The Legislature grants the injured prior
to 31.12.2009, in a case under Section 324 of IPC to
compound the offences and accordingly, this Court
grants permission to compound the offences.
8. In view of the above, Criminal Appeal No.1426 of 2009
stands disposed of as settled. The conviction dated
01.08.2009 in Sessions Case No.41 of 2009 is set
aside. Bail and bail bond stands discharged. Record
and proceedings, if any, be sent back to the concerned
Trial Court forthwith.
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R/CR.A/1426/2009 JUDGMENT DATED: 05/08/2025
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9. In view of the settlement between the complainant and
the appellant and taking into consideration the
provision under Section 320 of Cr.PC, as it stood prior
to 31.12.2009, now there would not be any cause for
the State to pursue the prayer for enhancement of
sentence. In view of the offences being compounded,
Criminal Appeal No.2031 of 2009 stands disposed of
as infructuous.
Sd/-
(GITA GOPI, J)
CAROLINE / DB # 17
