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Judgment
The present appeal is filed by the appellant challenging the
judgment and order dated 19.10.2016 passed by the learned 4th Additional
Sessions Judge, Mehsana in Special Atrocity Case No.08/2013, whereby
the appellant herein was prosecuted under Sections 323, 325, 504, 506(2)
and 114 of the Indian Penal Code and Section 135 of the Gujarat Police
Act and Section 3(1)(10) of the Atrocity Act. At the conclusion of the
trial, the appellant is held guilty for the offence punishable under Section
325 of the Indian Penal Code. The appellant was directed to undergo
rigorous imprisonment of five years and fine of Rs.7,000/- and in default
thereof, the appellant is required to undergo simple imprisonment for a
period of six months.
With the consent of the parties, the present Criminal Appeal is
taken up today for its final disposal.
Heard learned advocate for the appellant and learned advocate for
the original complainant as well as learned APP for the respondent-State.
Learned advocate for the appellant submits that being aggrieved
and dissatisfied with the aforesaid judgment and order, the appeal is
preferred by the appellant on various grounds enumerated in the appeal
memo, but during the pendency of the appeal, the matter is amicably
settled between the appellant and the original complainant and now the
complainant has no objection if the compounding of offence under
Section 320 of the Code of Criminal Procedure, 1973 is permitted by this
Court.
Learned advocate appearing for the original complainant also
submits that the victim/first informant has filed an affidavit before this
Court, wherein it is categorically stated that due to intervention of elderly
member of the family, friends and other community/social workers, the
matter is amicably settled and now the complainant has no objection, if
the offence is compounded and the impugned judgment and order dated
19.10.2016 is quashed and set aside. It is also submitted that the contents
of the affidavit are read over and explained to the complainant, who is present
before this Court, and the same are admitted by him and the complainant was
identified by learned advocate for the complainant.
Regard being had to the above submissions and looking to the facts
and circumstances as also considering the affidavit filed by the
victim/first informant as also considering the observations made in
Paragraph Nos.9 to 15 by the Hon''ble Supreme Court given in the case of
Khursheed Vs. State of Uttar Pradesh [2007 (12) SCC 68] as also the
observations made in Paragraph Nos.8 & 9 by the Hon''ble Supreme Court
given in the case of Dasan Vs. State of Kerala [2014 (12) SCC 666],
which were cited by the learned advocates for the parties, in the instant
case, the offence under Section 325 of the Indian Penal Code is required
to be compounded and accordingly, the judgment and order dated
19.10.2016 passed by the learned Trial Court is also required to be set
aside. Accordingly, the appeal is allowed and the judgment and order
dated 19.10.2016 passed by the learned 4th Additional Sessions Judge,
Mehsana in Special Atrocity Case No.08/2013 is quashed and set aside.
Accordingly, the appellant is ordered to be acquitted of the charges
levelled against him and he is ordered to be released forthwith for the
alleged offences if not required in any other offence. The bail and bail
bond stands cancelled. Surety, if any, shall stand discharged. Record and
Proceedings be sent back to the Trial Court concerned forthwith.
Direct Service is permitted.