STATE OF GUJARAT Vs. RAMSINH M PADHIYAR

JUDGEMENT

(1.) Heard Shri Jayraj P. Chauhan, learned counsel appearing on behalf of Shri Jitendra M. Patel for the appellants of Criminal Appeal No.275 of 1993, who are the original accused persons (hereinafter referred to as 'the appellants-accused'); Ms. D.S. Pandit, learned Additional Public Prosecutor, appearing on behalf of the respondent-State, appellant of Criminal Appeal No.218 of 1992 (hereinafter referred to as 'the respondent-State') and Shri U.M. Shastri, learned counsel appearing for the applicant of Criminal Misc. Application No.13088 of 2007.

(2.) Today the learned counsel appearing for the parties have submitted the compromise pursis, wherein there are thumb impressions as well as signatures of the concerned parties. Out of the said parties, four of them are present in the Courtroom and they have been identified by their respective advocate. However, they have admitted their signatures as well as thumb impressions.

(3.) The appellants-accused persons have jointly prayed under Section 320 of the Code of Criminal Procedure, 1973 that they may be permitted to compound the offence as they have arrived at a settlement out of the Court with the complainant as well as other injured victims examined. The written compromise is tendered to the Court through their lawyer. Shri U.M. Shastri, learned counsel appearing for the appearing for the complainant and the injured witnesses, confirms that because of willful settlement arrived at between the parties they have decided to compound the offence with the appellants-accused. They have arrived at the said compromise without any influence or pressured. Basically the parties are close relatives. It is mentioned in the compromise pursis that they are cousins and hailing from the same family and the dispute was in reference to an agricultural land. Therefore, the Court by recording subjective satisfaction may permit the parties to compound the matter and disposed of the Criminal Appeal preferred by the appellants-accused as well as respondent-State.