Gujarat High Court
Mohanji Gangaramji Thakore vs State Of Gujarat on 18 November, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 557 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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Approved for Reporting Yes No
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MOHANJI GANGARAMJI THAKORE & ORS.
Versus
STATE OF GUJARAT
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Appearance:
ABATED for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Appellant(s) No. 2,3,4
MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 2,3,4
MR HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/11/2025
ORAL JUDGMENT
1. Sessions Case No.151 of 2006 was tried
against four accused by the learned Additional
Sessions Judge, 3rd Fast Track Court, Deodar. The
accused were convicted under Sections 504, 323
and 506(2) read with Section 114 of the Indian
Penal Code (for short 'I.P.C.'). The incident is
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R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025
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dated 14.03.2006. The appellant No.1 - Mohanji
Gangaramji Thakore being deceased, his name came
to be deleted from the cause title as abated.
2. When the matter was called out, learned
advocate Mr. Harshal S.Patel for the injured
Shardaben W/o. Okhaji Ravjiji Thakor and son of
the complainant - Okhaji Ravjiji Thakor, stated
that the original complainant - Ravjibhai
Gangaramji Thakor died and the injured Shardaben
as well as son of the complainant would want to
compound the offence, as it has been 18 long
years, and further stated that the original
appellant No.1 was the brother of deceased
complainant and the present appellant Nos.2, 3
and 4 are the sons of deceased - Mohanji
Gangaramji Thakore.
2.1 Learned advocate Mr. Harshal S.Patel
proposes to file Vakalatnama. Registry to accept
the same. Advocate Mr. Patel has produced the
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R/CR.A/557/2007 JUDGMENT DATED: 18/11/2025
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affidavit of the Shardaben W/o. Okhaji Ravjiji
Thakor as well as affidavit of Okhaji Ravjiji
Thakor. Both the deponents are present before
this Court.
3. Learned APP Mr. Hardik Mehta submitted that
though the offences are compoundable, but the
facts of the case suggest that the dispute has
caused injury, and the offence is under Section
506(2) of the I.P.C., which is non-compoundable.
4. The parties are related to each other. The
complainant and the deceased appellant No.1, who
both have died, were real brothers and disputes
appears to have occurred because of some
agricultural land, and both the brothers had
verbally abused each other in the process. It is
alleged that appellant No.2 had given a blow from
the hind side of the knife on the hand of the
complainant, and in the process when daughter-in-
law intervened, it is stated that appellant Nos.3
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and 4 both had given fist blows, and appellant
No.4, who has having a stick in his hand had also
injured the complainant on his shoulder.
5. Section 320 Cr.P.C., as it stood prior to
31.12.2009, had made Section 504 and Section 506
compoundable. The table, which was annexed has
not separated Section 506 I.P.C. into two parts,
however, the description of offence, which makes
it compoundable, shows the criminal intimidation
except when the offence is punishable with
imprisonment for seven years.
6. The facts of the case, as could be seen was
that the injury, which was caused was also with
the hind side of the knife. The observation is
only of abrasion. The allegation of threat to
life was in general form, and since now the
injured lady and the son of the complainant have
already settled the disputes and have made prayer
for compounding the offence under Sections 323
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and 504, which is permissible without the
permission of the Court, this Court considers the
affidavits filed with individual affirmation and
accepts the proposal for compounding the offence
under Sections 323 and 504 of I.P.C.
7. As the objection has been raised for Section
506(2) I.P.C. by learned APP Mr. Hardik Mehta,
this Court is of an opinion that the allegations
are in general form and in the charge no
individual accused have been attributed with the
charge of such criminal threat, prima facie too,
does not become proved. Thus, considering this
fact, the accused are acquitted for the offence
under Section 506(2) of I.P.C.
8. In the result, the appeal is allowed. The
conviction and sentence of the accused passed by
the learned Additional Sessions Judge, 3rd Fast
Track Court, Deodar vide judgment and order dated
27.02.2007 in Sessions Case No.151 of 2006 is
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quashed and set aside. The appellants are
acquitted from the charges. Bail bond stands
discharged. Registry is directed to send the
Record and Proceedings back to the concerned
Trial Court forthwith.
(GITA GOPI,J)
Pankaj/12
