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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
State Of Gujarat – Appellant
Versus
Sanjay Alias Harpalsinh Alias Sango Virakmsinh Zala – Respondent
| Table of Content |
|---|
| 1. the state appeals against the original accused for sentence enhancement. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. factual background of the case and details of the original complaint registered. (Para 7 , 8) |
| 3. defense argues for settlement and withdraw of the appeal. (Para 9) |
| 4. court explores the implications of compromise on non-compoundable offences. (Para 12 , 13) |
| 5. final decision on appeals and closing remarks. (Para 18 , 19) |
JUDGMENT :
1. Criminal Appeal no. 1401 of 2013 is filed by the State of Gujarat against original Accused namely Sanjay @ Harpalsinh @ Sango Vikramsinh Zala, Indrajitsinh @ Chakabhai Pravinsinh Vala, Digvijaysinh @ Lalubhai Pravinsinh Vala and Ashok Kalpnath Mishra under Section 377 of the Code of Criminal Procedure (hereinafter referred to as the “CRPC”) for enhancement of sentence under Section 324, 326 read with Section 148 of the IPC vide judgment and order dated 30.07.2013 passed by the Ld. Additional Sessions Judge, Court No. 2, Ahmedabad city in Sessions case No. 346 of 2005 with Sessions Case No. 368 of 2005.
3. Criminal Appeal No. 1421 of 2013 is filed by original complainant Shivpratap Rakshpalsinh Bhadoriya against Sanjay @ Harpalsinh @ Sa
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 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.
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.
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