THAKORE RAMESHJEE GAGAJEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Revision Application has been filed by original accused no.1 against the order of conviction qua original accused no.1 - revisionist herein by the appellate Court i.e. learned 4thAdditional Sessions Judge, Visnagar at Mahesana dtd. 27/4/2015 in Criminal Appeal No.4 of 2024 whereby the learned Sessions Judge, Mahesana convicted the revisionist herein for offence under Sec. 324 of the IPC and sentenced him to undergo one year rigorous imprisonment with fine of Rs.1,000.00 and i/d of fine to further undergo three months rigorous imprisonment whereas the learned Sessions Judge acquitted the original accused no.2 Somiben Rameshji of all the offences with which she was charged.

(2.) Today, the original complainant viz. Thakore Gandaji before this Court states that quarrel had taken place because of some misunderstanding with regarding cutting of grass from the agricultural field. He further states that the injury which he had sustained during the scuffle was caused to him by Dhariya being used in agricultural activities. He further states that both the complainant and the present revisionist stay in same street and cultivating agricultural fields on tenancy basis and the dispute between them has been resolved on intervention of good social friends and relatives. He states that affidavit to that effect has been filed by him wherein it is stated that dispute has been amicably resolved with a view to maintain peace and harmony in the village and now there is no ill-will against each of the person and he has no objection if the criminal proceedings initiated at his instance against the present revisionist is closed and revisionist is acquitted. He states that as the dispute has already been resolved he makes a prayer to compound offence and set aside the sentence stating that he does not want to see the applicant going to jail.

(3.) Mr.Pankaj Chaudhari, learned advocate for the revisionist has submitted that settlement has been arrived at with the intervention of family members and community members and if the settlement is accepted compounding offence then there would be peace and tranquility and will be helpful to maintain law and order situation in the village and, therefore, prayed to accept the settlement between the parties and set aside the conviction and sentence imposed upon the present revisionist - original accused no.1.