Jhaverbhai Vs. State of Gujarat & Ors.  INSC 270 (9 April 2010)
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.749
OF 2010 (Arising out of SLP (Crl) NO.1572 of 2007 Hirabhai Jhaverbhai .. Appellant(s)
Versus State of Gujarat & Ors. .. Respondent(s) O R D E R Leave granted.
instant appeal is directed against the judgment dated September 14, 2006,
rendered by the learned Single Judge of Gujarat High Court in Criminal Appeal
No.517 of 1994 by which the conviction of the appellant recorded under Section
324 I.P.C. and imposition of sentence of S.I.
months and fine of Rs.250/- in default simple imprisonment of 15 days vide
judgment dated April 30, 1994 passed by the learned Addl.Sessions Judge,
Bhavnagar in Sessions Case No.131 of 1987 is confirmed. The appeal is also
directed against judgment dated November 9, 2006 rendered by the learned Single
Judge of High Court of Gujarat in Criminal Miscellaneous Application No.12531
of 2006 by seeking permission of the Court to compound offence punishable under
Section 324 IPC is rejected.
heard learned counsel for the appellant.
record it is evident that the incident in question took place on July 23, 1986.
Pursuant to the order dated January 29, 2010 passed by this Court in the
instant matter, the complainant and injured are impleaded as respondents and
are represented through their learned ..2/- :2:
They have filed affidavit stating that the disputes between the parties have
been settled with the intervention of respectable persons of the society. They
have also expressed their willingness to compound the offence. This Court finds
that after coming into force of the Code of Criminal Procedure (Amendment) Act,
2005 from June 23, 2006 the offence u/s 324 IPC is made non- compoundable.
However, in this case offence u/s 324 IPC was committed on July 23, 1986 on
which date it was compoundable with the permission of the Court. As the Code of
Criminal Procedure (Amendment) Act 2005 is not applicable to the facts of the
case, offence u/s 324 IPC would be compoundable with the permission of the
Court. In view of the statement, made by respondent Nos.2 to 4 in their
affidavit and having regard to the facts and circumstances of the case,
permission to compound the offence deserves to be granted to the original
complainant and the injured.
the appeal is allowed. The two judgments impugned in the appeal are set aside.
The injured complainant and two other injured are permitted to compound the
offence punishable under Section 324 IPC. In view of sub-section (8) of Section
320 of the Code of Criminal Procedure, the composition of offence u/s 324 IPC
shall have the effect of an acquittal of the appellant with whom the offence has
........................J. [ J.M. PANCHAL]
........................J. [ SURINDER SINGH NIJJAR ]
APRIL 09, 2010.