IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 767 of 2026 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2026 In R/CRIMINAL REVISION APPLICATION NO. 767 of 2026 ==========================================================

HEMRAJSINH NARPATSINH PARMAR & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PARVEZ A PATHAN(10862) for the Applicant(s) No. 1,2,3,4 MR NIRAJ SHARMA APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 15/04/2026

ORDER

1. The four revisionist have been convicted under Section 325 read with Section 114 of the Indian Penal Code (for short, ‘I.P.C’) for two years simple imprisonment and a fine of Rs.5,000/- and in failure of payment of fine, to further undergo three months simple imprisonment and have also been convicted under Section 323 read with Section 114 of the I.P.C for one year simple imprisonment and a fine of Rs.5,000/- and in failure of payment of fine, to further undergo three months simple imprisonment.

2. The complainant - Sanjaybhai Bhailalbhai Patanvadiya is before this Court along with his affidavit who is identified by learned Advocate Mr. Mohsin I Afini, who seeks permission to file Vakalatnama. The Registry to accept the Vakalatnama of the learned Advocate.

3. The complainant stated that the quarrel ensued because of civil dispute and now, they have settled the issues with the intervention of the family members and the relatives and elders of the village and to maintain peace and harmony and co-ordial relation in the village, they have decided to resolve the dispute and, thus, seeks permission for compounding the offence under Section 325 of the I.P.C.

4. Learned Advocate Mr. Parvez Pathan has referred to the judgment of Suraj Singh Gujar and Another vs. The State of Madhya Pradesh and Others in Special Leave Petition (Criminal) No.2520 of 2024 passed by the Hon’ble Supreme Court on 30^th August, 2024, where the Hon’ble Supreme Court had referred to the compoundable offence under Sections 323 and 325 of the I.P.C along with the non-compoundable offence under Section 324 of the I.P.C, where the Hon’ble Supreme Court has exercised the power under Article 142 of the Constitution of India to permit quashing of the criminal proceedings in non-compoundable offence under Section 324 of the I.P.C.

5. Here, the revisionists are convicted under Sections 323 and 325 of the I.P.C. Section 323 of the I.P.C. permits the injured person to compound the offence without the permission of the Court, while Section 325 of the I.P.C. which is for voluntarily causing grievous hurt makes provisions for the person to whom the hurt is caused to seek permission of the Court to compound the offence.

6. Having considered the affidavit of the intention of the complainant and the accused and since the complainant does not want to compound the offence and the applicants have suffered sentence for more than one month and still in jail, the judgment and order of conviction dated 26.03.2024 passed by the learned 2^nd Additional Judicial Magistrate First Class, Narmada at Rajpipla in Criminal Case No.823 of 2015 and the judgment and order of conviction dated 26.02.2026 passed by the learned Additional Sessions Judge, Narmada at Rajpipla in Criminal Appeal No.29 of 2024 is quashed and set aside.

7. The present Criminal Revision Application No.767 of 2026 (against conviction) is allowed. All the revisionists are acquitted of the charges leveled against them and ordered to be released from the jail forthwith. Bail bonds discharged. Record and Proceedings to be sent to the concerned trial Court forthwith. Direct service is permitted.

8. Since the main matter is allowed, the Criminal Miscellaneous Application No.1 of 2026 would not survive and, thus, stands disposed of accordingly.

(GITA GOPI,J)

PARMAR KRISH/21