ISHWARBHAI KHODABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AFTER the original complainant and victim of the offence being joined as party respondent no.2, he has appeared in person along with his learned counsel, Mr Kanaiyalal Prajapati. The parties have submitted a joint compromise note in the following terms, to which learned APP expressed no objection:

(2.) IN view of the above understanding and prayer jointly made by the learned counsel, without entering into merits, it is directed that the offences punishable under sections 337 and 338 of Indian Penal Code, 1860 shall stand compounded under the provisions of section 320 of the Criminal Procedure Code, 1973 and the petitioner shall stand acquitted of the offence. He does not claim refund of the fine paid already. As for the conviction for the offence punishable under section 279 of Indian Penal Code and sections 177 and 184 of the Motor Vehicles Act, the petitioner is released after due admonition and with the direction that, he shall pay to respondent no.2 the sum of Rs.40,000/ - as agreed, by way of compensation under the provisions of section 5 of the Probation of Offenders Act, 1958.