REPORTABLE
IN THE 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)
ORDER
Leave granted.
The 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.
for six 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.
We have heard learned counsel for the appellant.
From the 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:
counsel. 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.
Hence, 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 been compounded.
........................J.
[ J.M. PANCHAL]
........................J.
[ SURINDER SINGH NIJJAR ]
NEW DELHI,
APRIL 09, 2010.