KODARBHAI AMICHANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Criminal Revision Application No.440 of 2011 is filed by the applicants ­ original accused, who are convicted by the learned Chief Judicial Magistrate, Himmatnagar, in Criminal Case No.1692 of 2008 by order dated 30.7.2011 passed below Ex.54, wherein application of the applicants is rejected with the finding that since the complaint was filed in 2008 and the amendment under Section 320 Subsection (2) of he Indian Penal Code came to be amended in 2009, therefore such amendment would not apply and accordingly permission to compromise the case was rejected.

(2.) THE Criminal Revision Application No.441 of 2011 is filed by the applicant ­ original accused, who is convicted by the learned Chief Judicial Magistrate, Himmatnagar, in Criminal Case No.1824 of 2009 by order dated 30.7.2011 passed below Ex.37, wherein application seeking permission for compounding of offence under Section 320 of the Indian Penal Code is rejected.

(3.) THE original accused, who have filed purshis before the learned Chief Judicial Magistrate, Himmatnagar by way of compromise signed by one Shivabhai D. Patel, who is appointed by the society, and the applicants ­ original accused. The District Registrar has endorsed that he is a public servant and Government official. He has no right to compromise any criminal case. In view of above, the learned Metropolitan Magistrate has observed that compromise cannot be entertained.