Gujarat High Court
Hemubhai Naranbhai Koli vs State Of Gujarat on 17 September, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1295/2003 ORDER DATED: 17/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1295 of 2003
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HEMUBHAI NARANBHAI KOLI
Versus
STATE OF GUJARAT
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Appellant(s) No. 1
MR RAVI MANDALIYA for the heirs of the first informant-complainant
MR ROHANKUMAR H RAVAL, APP for the Opponent(s)/Respondent(s) No.
1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 17/09/2025
ORAL ORDER
1. When the matter was called out for hearing,
learned advocate Mr. Piyush Trivedi for the
appellant has submitted that the parties have
settled their dispute and the legal heirs of the
deceased - complainant have resolved the dispute
and want to compound the offence.
2. Mr. Piyush Trivedi, learned advocate for the
appellant has submitted that the dispute was
regarding small children who were playing near
the house and thus, husband and wife both were
made accused in the matter. Advocate Mr. Trivedi
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R/CR.A/1295/2003 ORDER DATED: 17/09/2025
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has submitted that the wife has been acquitted,
while the present appellant came to be convicted
under Sections 323 and 324 of the Indian Penal
Code, 1860, while acquitted from the offence
under Section 3(1)(x) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities
Act), 1989 (hereinafter referred to as "the
Atrocities Act").
3. Today, the wife - Kaliben Budhabhai Ganiyal
(Harijan) and son - Prabhubhai Budhabhai Ganiyal
of the deceased complainant are present before
this Court and they are identified by learned
advocate Mr. Ravi Mandeliya who proposes to file
Vakalatnama for Kaliben and Prabhubhai - legal
heirs of the complainant. Let his Vakalatnama be
accepted on record. Both the heirs of the
complainant-Kaliben and Prabhubhai submitted
that the original complainant has expired on
31.1.2005 and now they have no dispute with any
of the accused or any of the persons in the
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R/CR.A/1295/2003 ORDER DATED: 17/09/2025
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Village and both of them stated that they wanted
peace in the Village and therefore, has amicably
settled the dispute and has made a prayer to
compound the offence. A copy of the death
certificate of the complainant is produced on
record.
4. The affidavits of settlement of Prabhubhai and
Kaliben are ordered to be taken on record.
5. Mr. Rohankumar H. Raval, learned APP has
submitted that since it is acquittal under the
Atrocities Act and when the offence under
Section 323 and 324 are compoundable offence as
the incident had taken place on 2.11.1998 and
hence, submitted that it is the statutory
provision under Section 320 of the Code of
Criminal Procedure, 1973, which allows the
complainant to compound the offence.
6. Section 324 as per the table under sub-section
(2) of Section 320 is compoundable with the
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R/CR.A/1295/2003 ORDER DATED: 17/09/2025
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permission of the Court, while Section 323 which
is recorded in the table under sub-section (1)
of Section 320 becomes compoundable even without
the permission of the Court and when the parties
have settled the dispute and have urged for
compounding the offence, permission is granted.
7. In the result, the appeal is allowed in the
above terms. The judgment and order of
conviction and sentence dated 30.9.2003 passed
by the learned Additional Sessions Judge,
Ahmedabad (Rural) in Special Atrocity Case
no.114 of 2000 is set aside. The appellant is
acquitted from all the charges. Registry is
directed to send the record and proceedings back
to the concerned Trial Court forthwith.
(GITA GOPI,J)
Maulik
