CR.A/33019/1987 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 330 of 1987 With CRIMINAL APPEAL No. 365 of 1987 With CRIMINAL REVISION APPLICATION No. 232 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= CHUNILAL PRAGJIBHAI & 4 - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) ========================================================= Appearance : MR MK OZA for Appellant(s) : 1 - 5.MR AD SHAH for Appellant(s) : 1,MR HASMUKH N SHAH for Appellant(s) : 2 - 5. Mr. P.D. Bhate, Addl. PUBLIC PROSECUTOR for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 30/07/2008 CR.A/33019/1987 2/2 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) In these appeals which are being Criminal Appeal Nos. 330 of 1987 and 365 of 1987 and Criminal Revision Application No. 232 of 1987, five accused persons have filed an application signed by them seeking permission to compound the offences. They have been convicted by the trial Court for the offence under Sections 323 and 325 of the Indian Penal Code. Looking to the facts of the case and the provisions of Section 320(5) of the Code of Criminal Procedure, we are of the opinion that when the parties are prepared to be at peace and have shown their willingness to keep peace, permission to compound the offences is granted and the matter is permitted to be compounded. Consequent to the compounding of the offences, the accused are acquitted of the offences levelled against them. Consequently, the appeal becomes infructuous as the accused stand acquitted of the charges levelled against them. Bail bond stands cancelled. Criminal Revision Application is rejected. (BHAGWATI PRASAD, J) (S.R. BRAHMBHATT, J) (pkn)