REPORTABLE

                  IN THE  SUPREME COURT OF INDIA

                 CRIMINAL  APPELLATE  JURISDICTION                                        CRIMINAL APPEAL NO.749 OF 2010   

     (Arising out of SLP (Crl) NO.1572 of 2007    

Hirabhai Jhaverbhai ..    Appellant(s)

                    Versus

State of Gujarat & Ors. ..    Respondent(s)  

                                                      O R D E R  

Leave granted.

The instant appeal is directed against the judgment  

dated September 14, 2006, rendered by the learned Single  

Judge of Gujarat High Court in Criminal Appeal No.517 of  

1994  by  which  the  conviction  of  the  appellant  recorded  

under Section 324 I.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 Addl.Sessions Judge, Bhavnagar in  

Sessions Case No.131 of 1987 is 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 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 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

..2/-

:2:

counsel.   They  have  filed  affidavit  stating  that  the  

disputes between the parties have been 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  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, 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  case,  permission  to  compound  the  

offence deserves to be granted to the original complainant  

and the injured.

Hence, the appeal is allowed.  The two judgments  

impugned  in  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)  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.  

                                ........................J.             [ J.M. PANCHAL]  

                                ........................J.             [ SURINDER SINGH NIJJAR ]  

                  NEW DELHI, APRIL 09, 2010.