IMPORTANT POINT
The court established that personal disputes resolved amicably can lead to quashing of convictions under IPC, emphasizing the importance of societal harmony.

ORDER :

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 4th Additional Sessions Judge, Visnagar at Mahesana dated 27.04.2015 in Criminal Appeal No. 4 of 2024 whereby the learned Sessions Judge, Mahesana convicted the revisionist herein for offence under Section 324 of the IPC and sentenced him to undergo one year rigorous imprisonment with fine of Rs.1,000/- 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.

4. Heard learned advocates for the parties. The complainant and the original accused no. 1-who is revisionist both are present in the Court. Both have agreed that settlement has been arrived at between them in view of intervention of elders, family friends and social members of their community so as to maintain peace, tranquility and harmonious atmosphere in the society. Further, the complainant having been sustained with agricultural instrument like Dhariya is out of danger and before the Court he states that settlement has been arrived at and dispute amongst the two has been resolved which would help both the families to ease ill-will in future also.

5. It is true that certain section of IPC is non- compoundable and that the other sections could be compounded with the permission of the Court. Considering the principle laid down by the Apex Court in the case of Gian Singh v. State of Punjab and another, 2012 (10) SCC 303, the present matter would fall under the criteria laid down therein. In paragraph-61 of the said judgment, it has been observed thus:

“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz. (i) to secure the ends of justice, or (ii) to prevent abuse of th