Gujarat High Court
Vihol Rameshkumar Prahladji vs State Of Gujarat on 11 September, 2025
NEUTRAL CITATION
R/CR.RA/820/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 820
of 2025
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VIHOL RAMESHKUMAR PRAHLADJI
Versus
STATE OF GUJARAT
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
MR NITINBHAI M DESAI(13406) for the Respondent(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 11/09/2025
ORAL ORDER
1. When the matter is called out, learned advocate
Mr.K.R. Chaudhari for the applicant submitted that
initially, the present applicant was convicted by the
learned Additional Judicial Magistrate, First Class,
Vijapur for the offence punishable under Sections 379
and 411 of the Indian Penal Code and sentenced to
undergo 3 years' rigorous imprisonment and the said
judgment of conviction was challenged by the present
applicant by preferring appeal before the Sessions Court,
Mehsana, which came to be dismissed and the order of
conviction passed by the learned trial Court came to be
NEUTRAL CITATION
R/CR.RA/820/2025 ORDER DATED: 11/09/2025
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confirmed. It is further submitted that the present
applicant has no other past antecedents.
2. Learned advocate Mr.N.M. Desai for the respondent
- complainant submitted that the matter is amicably
settled between the parties and the original complainant
has no objection, if the order of conviction is set aside.
3. The respondent no.2 - original complainant is
present before the Court and upon asked by the Court,
the complainant states that he has no objection, if the
order of conviction passed against the present applicant
is set aside. The complainant has also filed affidavit to
that effect and confirmed the signature on the affidavit,
which is placed on record.
4. On the other hand, learned A.P.P. Mr.Niraj Sharma
submitted that so far as the offence under Sections 379
and 411 of the Indian Penal Code is concerned, it is a
compoundable offence and hence, necessary orders may
be passed.
NEUTRAL CITATION
R/CR.RA/820/2025 ORDER DATED: 11/09/2025
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5. Considering the arguments advanced by the learned
advocates for the respective parties and considering the
fact that the present applicant has been convicted for the
offence under Sections 379 and 411 of the Indian Penal
Code, which is a compoundable offence and the matter is
amicably settled between the parties, the present
application requires consideration.
6. In view of the above and in view of the settlement
arrived at between the parties, the present application is
allowed. The order dated 22.05.2024 passed by the
learned Additional Judicial Magistrate First Class, Vijapur
in Criminal Case No.542 of 2019, convicting the present
applicant under Sections 379 and 411 of the Indian Penal
Code and sentencing him to undergo 3 years' rigorous
imprisonment and confirmed in Criminal Appeal No.352
of 2024 by the learned 2nd Additional Sessions Judge,
Mehsana by order dated 20.05.2025, is hereby quashed
and set aside and the present applicant is hereby
acquitted from all the charges levelled against him.
NEUTRAL CITATION
R/CR.RA/820/2025 ORDER DATED: 11/09/2025
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7. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J)
Hitesh
