Case Note & Summary
The case involves a criminal revision application filed by Thakor Arjanji Sardarji (since abated) and others against the State of Gujarat. The applicants were convicted by the learned 3rd Additional Sessions Judge, Mahesana at Visnagar in Criminal Appeal No.19/2013 for offences under Sections 323, 324, 325 and 326 of the Indian Penal Code, 1860 (IPC) and sentenced to simple imprisonment for two years. The trial court (Judicial Magistrate, First Class) in Criminal Case No.408/2001 had originally acquitted the applicants on 10.05.2013 giving them the benefit of doubt. The state appealed, and the appellate court reversed the acquittal and convicted the applicants. During the pendency of the revision application before the High Court, the parties arrived at an amicable settlement. The injured witnesses filed affidavits consenting to the quashing of the conviction. The coordinate Bench on 07.11.2025 noted the settlement but required consideration regarding the non-compoundable offence under Section 326 IPC read with Section 114 IPC. The High Court, after perusing the record and hearing the parties, found that the settlement was genuine and that the injured witnesses had no objection. The court held that in the interest of justice and to maintain peace between the parties, the conviction could be quashed even for non-compoundable offences. Accordingly, the revision application was allowed, the impugned judgment of the appellate court was set aside, and the applicants were acquitted of all charges.
Headnote
A) Criminal Procedure Code - Compromise in Non-Compoundable Offences - Section 320 CrPC - The court considered whether a conviction for offences including Section 326 IPC (non-compoundable) could be quashed based on a settlement between parties. The High Court held that in the interest of justice and to maintain peace, the conviction can be set aside when the parties have genuinely settled and the injured witnesses have consented. (Paras 3-5) B) Indian Penal Code - Offences of Hurt - Sections 323, 324, 325, 326 IPC - The applicants were convicted for voluntarily causing hurt, hurt by dangerous weapons, grievous hurt, and grievous hurt by dangerous weapons. The trial court had acquitted them, but the appellate court reversed and convicted them. The High Court, noting the settlement, quashed the conviction. (Paras 1-5)
Issue of Consideration
Whether the conviction of the applicants under Sections 323, 324, 325 and 326 of the Indian Penal Code, 1860 can be quashed on the basis of an amicable settlement between the parties, particularly when the offence under Section 326 IPC is non-compoundable under Section 320 of the Code of Criminal Procedure, 1973.
Final Decision
The revision application is allowed. The impugned judgment and order dated 02.07.2015 passed by the learned 3rd Additional Sessions Judge, Mahesana at Visnagar in Criminal Appeal No.19/2013 is quashed and set aside. The applicants are acquitted of the offences under Sections 323, 324, 325 and 326 of the Indian Penal Code, 1860. Bail bonds, if any, stand cancelled.
Law Points
- Compromise in non-compoundable offences under Section 320 CrPC
- Quashing of conviction based on settlement
- Inherent powers under Section 397 CrPC
