Sandeep Kumar vs State Of U.P. And Another
2022 Latest Caselaw 19228 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL REVISION No. - 4676 of 2022
 

 
Revisionist :- Sandeep Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Amit Daga
 
Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava
 

 
Hon'ble Subhash Chandra Sharma,J.

Supplementary affidavit filed by learned counsel for the revisionist today is taken on record.

Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record.

It is submitted that in this case parties have entered into compromise. The compromise was filed before the learned court concerned in pursuance of the order of this Court dated 22.11.2022 which has been got verified by the learned court concerned on 26.11.2022, the certified copy of the same has been filed through supplementary affidavit which is on record.

It is to note that the revisionist was convicted and sentenced by the learned trial court and appeal was also dismissed. In pursuance thereto he is in jail. In the meantime compromise has been entered into between the complainant and the wife of the revisionist and the payment due against the revisionist has already been made by her.

Since the matter has been resolved between the parties on the basis of compromise and there remains no dispute between the parties, therefore, it will serve no purpose to keep the revisionist in jail. As a result, in the light of judgment passed by the Hon'ble Supreme Court in the case of Raghunath vs. State of Uttrakhand in Criminal Appeal No.18 of 2021 arising out of SLP (Criminal No.181 of 2021) decided on 07.01.2021, the present revision is disposed of in terms of settlement. It is clarified that the revisionist now stands acquitted of the charges levelled against him in terms of compromise in relation to Criminal Complaint Case No.647 of 2011 (CNR No.UPME04-003853-2011) (Jayvardhan Kajla vs. Sandeep Kumar) under Section 138 N.I. Act, Police Station Lalkurti, Disrict Meerut.

Accordingly, the present criminal revision is allowed.

The revisionist, who is in jail, is directed to be released forthwith, if not wanted in any other case.

A copy of this order be transmitted to the Court concerned for necessary compliance. A compliance report be sent to this Court within one month. Office is directed to keep the compliance report on record.

Order Date :- 29.11.2022

Ashok Gupta