Gujarat High Court
Dhiru Chaku Vaghri vs The State Of Gujarat on 25 July, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1835 of 2006
With
R/CRIMINAL APPEAL NO. 1839 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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DHIRU CHAKU VAGHRI & ANR.
Versus
THE STATE OF GUJARAT
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Appearance:
MRS REKHA H KAPADIA(2246) for the Appellant(s) No. 1,2
MS MONALI BHATT, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 25/07/2025
ORAL JUDGMENT
1. The appellants of both the matters are present before this
Court. The Court inquired from the accused - Dhirubhai
Chakubhai Vaghri and Bhailal Chaku Vaghri of Criminal
Appeal no.1835 of 2006 and Nanjibhai Bhimabhai Vaghri
of Criminal Appeal no.1839 of 2006 regarding their present
state and their relation with each other. All the other
accused who have been acquitted are present before this
Court. They all in one voice stated that now there is peace
NEUTRAL CITATION
R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025
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in the Village and there is no grievance or grudge which is
remaining and with the intervention of the village people
and the community members, they have resolved their
dispute. Both the side have urged the Court for
compounding the offence.
2. On 18.7.2025, both the learned advocates Ms. Rekha H.
Kapadiya and Ms. Alka B. Vaniya had apprised this Court
about the provision with regard to Sections 323 and 324 of
the Indian Penal Code, 1860 (IPC) and assisted the Court
with regard to earlier provision under Section 320 Code of
Criminal Procedure, 1973 (Cr.P.C.) and had expressed their
opinion that there would be scope of settlement, where the
injury sustained would not be considered as grave.
3. On verification of three accused present before this Court
and their inter-se relation as well as with other acquitted
persons, this Court has found that all have come together
and they all had shared with the Court the peaceful co-
existence in the Village.
4. The accused in Criminal Appeal no.1839 of 2006 is
sentenced for one year rigorous imprisonment and fine of
NEUTRAL CITATION
R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025
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Rs.1,000/- and in default of payment of fine, one month
simple imprisonment for the offence punishable under
Section 323 IPC. While both the accused of Criminal
Appeal no.1835 of 2006 have been convicted for the offence
punishable under Sections 324 and 504 IPC. Under
Section 504 IPC, the accused are convicted to undergo one
year rigorous imprisonment and fine of Rs.1,000/- with the
default stipulation of one month simple imprisonment,
while under Section 324 IPC, two years rigorous
imprisonment and fine of Rs.2,000/- and in default of
payment of fine, two months simple imprisonment.
5. Section 323 is compoundable offence, where the injured
has a liberty to compound the offence even without the
permission of the Court.
6. The incident had occurred on 23.6.1999. Section 320
Cr.P.C. as it stood prior to 2009 included Section 324 IPC
in Table-2 under sub-section (2) of Section 320 Cr.P.C.,
where the person to whom hurt is caused has the authority
to compound the offence with the permission of the Court.
NEUTRAL CITATION
R/CR.A/1835/2006 JUDGMENT DATED: 25/07/2025
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7. Ms. Monali Bhatt, learned APP has submitted that Section
324 is non-compoundable as per the amended provision of
Section 320 Cr.P.C.
8. Taking into consideration the fact that both the parties
have settled the dispute, the law and order is maintained
and when both the parties have expressed their opinion to
compound the offence and the offence under Section 324
IPC was compoundable at the time of offence and even at
the time of judgment of Trial Court, permission is granted.
9. In the result, the appeals are allowed. The judgment and
order of conviction and sentence dated 28.9.2006 passed
by the learned Presiding Officer, Fast Track Court no.4,
Morbi in Sessions Case no.11 of 2002 and Sessions Case
no.52 of 2005 are hereby quashed and set aside. All the
accused are acquitted in view of the sentence being
compounded. Bail bond stands discharged. Registry is
directed to send the record and proceedings back to the
concerned Court forthwith.
(GITA GOPI,J)
Maulik
