HIRABHAI JHAVERBHAIversusSTATE OF GUJARAT & OHS.

                        [2010] 4 S.C.R. 498


A                    HIRABHAI JHAVERBHAI
                                 v.
                  STATE OF GUJARAT & OHS.
                (Criminal Appeal No. 749 of :2010)
                          APRIL 9, 2010
B
     (J.M. PANCHAL AND SURINDER SINGH NIJJAR, JJ.]

        Code of Criminal Procedure, 1973:

c      s. 320(8) - Compounding of oflence - Offence
  punishable u/s 324 /PC - Conviction and sentence of six
  months as imposed by trial court affirmed by High Court - In
  appeal before Supreme Court the victims impleaded as
  respondents - Affidavit filed stating that disputes between
0 parties were settled and victims expressed their willingness .
  to compound the offence - HELD: The offence was committed
  on 23. 7. 1986 on which date it was compoundable with
  permission of the Court - CrPC (Amendment) Act, 2005
  which came into force w.e.f. 23.6.2006, making the offence
  punishable uls 324 /PC as non-compoundable, is not
E applicable to the facts of the instant case - In view of the
  statement of the victims made in the affidavit and having
  regard to the facts and circumstances of the case, permission
  to compound the offence granted - Judgment of courts below,
  set aside - In view of s.320(8) Compounding of the offence
F shall have the effect of acquittal of the accused - Penal Code,
  1860 - s.324.

        CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    No. 749 of 2010.
G
         From the Judgment & Order dated 14.9.2006 & 9.11.2006
    of the High Court of Gujarat at Ahmedabad in Criminal Appeal
    No. 517 of 1994 & Criminal Misc Applii:::ation No. 12531 of
    2006 in Criminal Appeal No. 517 of 1994.
H                              498
  HIRABHAI JHAVERBHAI v. STATE OF GUJARAT &                 499
                    ORS.
    Meenakshi Arora for the Appellant.                              A

    Hemantika Wahi, Shamik Sanjanwala, Jesal, Anurag
Sharma for the Respondents

    The following Order of the Court was delivered
                                                                    B
                          ORDER
     Leave granted.

     The instant appeal is directed against the judgment dated
September 14, 2006, rendered by the learned .Single Judge           C
of Gujarat High Court in Criminal Appeal No.517 of 1994 by
which the conviction of the appellant recorded under Section
324 1.P .C. and imposition of sentence of S.I. for six months and
fine of Rs.250/- in default simple imprisonment of 15 days vide
judgment dated April 30, · 1994 passed by the learned               D
Addi.Sessions Judge, Bhavnagar in Sessions Case No.131 of
1987 rs confirmed. The appeal is also directed against
judgment dated November 9, 2006 rendered by the learned
Single Judge of High Court of Gujarat in Criminal
Miscellaneous Application No.12531 of 2006 by seeking               E
permission of the Court to compound offence punishable under
Section 324 IPC is rejected.

    We have heard learned counsel for the appellant.

     From the record it is evident that the incident in question    F
took place on July 23, 1986. Pursuant to the order dated
January 29, 2010 passed by this Court in the instant matter,
the complainant and injured are impleaded as respondents and
are represented through their learned counsel. They have filed
affidavit stating that the disputes between the parties have been   G
settled with the intervention of respectable persons of the
society. They have also expressed their willingness to compound
the offence. This Court finds that after coming into force of the
Code of Criminal Procedure (Amendment) Act, 2005 from June
                                                                    H
    500     SUPREME COURT REPORTS                 [2010] 4 S.C.R.


A 23, 2006 the offence u/s 324 IPC is made non-compoundable.
  However, in this case offence u/s 324 IPC was committed on
  July 23, 1986 on which date it was compoundable with the
  permission of the Court. As the Code of Criminal Procedure
  (Amendment) Act 2005 is not applicable to the facts of the case,
B offence u/s 324 IPC would be compoundable with the
  permission of the Court. In view of the statement, made by
  respondent Nos.2 to 4 in their affidavit and having regard to
  the facts and circumstances of the cai;e, permission to
  compound the offence deserves to be granted to the original
c complainant and the injured.

      Hence, the appeal is allowed. The two judgments
  impugned :n the appeal are set aside. The injured complainant
  and two other injured are permitted to compound the offence
  punishable under Section 324 IPC. In view of sub-section (8)
D of Section 320 of the Code of Criminal Procedure, the
  composition of offence u/s 324 IPC shall have the effect of an
  acquittal of the appellant with whom the~ offence has been
  compounded.

    R.P.                                        Appeal allowed.