Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK, J.
Manubhai Dahyabhai Vaghela – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. All these three Criminal Appeals arising from one judgment and order dated 15.09.2009 passed by the 2nd Additional Sessions Judge, Nadiad (hereinafter referred to as the "trial Court") rendered in Sessions Case No. 37 of 2009 whereby the accused persons were convicted for the offence punishable under Sections 436 read with Section 114 of the Indian Penal Code ("IPC" for short) and ordered to undergo rigorous imprisonment ("RI" for short) for two years and also imposed a fine of Rs.500/- each and in default RI for two months. So far as the offence under Section 326, 337, 323, 504 r/w Section 114 of IPC is concerned, all the accused persons were acquitted. Against which, the State has preferred an Acquittal Appeal being Criminal Appeal No. 2414 2009 as well as Enhancement Appeal being Criminal Appeal No 2413 of 2009 and the accused persons have preferred Criminal Appeal No. 1789 of 2009 whereby the State and accused persons have challenged the impugned judgment and order of conviction and sentence passed by trial Court.
2. The Appeal being Criminal Appeal No. 2413 of 2009 came to be admitted by this Court vide order dated 21.4.2010 and it was order
The court may consider amicable settlements in non-compoundable offences for sentencing, reducing the sentence based on the absence of further disputes and the passage of time.
Court can consider compromise in non-compoundable offences when fixing the quantum of sentence, reducing it as per mutual agreement of the parties.
The court can exercise its inherent powers to compound non-compoundable offences based on settlement and marriage between the parties, considering the peaceful nature of the dispute and the principle....
High Court can quash post-conviction for non-heinous private offences like grievous hurt upon family compromise using inherent powers to ensure harmony and justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
