Jharkhand High Court
Devendra Nath Pandey vs The State Of Jharkhand on 7 April, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.80 of 2021
With
I.A. No.1249 of 2021
With
I.A. No.1250 of 2021
Devendra Nath Pandey ...... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Ms. Swati Shalini Advocate
For the State : Mr. Ashok Kumar, A.P.P
For the Informant : Mr. S. G. Piyush, Advocate
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04/Dated: 07th April, 2021
1. This revision has been preferred against the judgment
dated 21.12.2020, passed in Criminal Appeal No.02 of 2020
by the court of learned Additional Sessions Judge - VIII,
Dhanbad, affirming the judgment dated 17.12.2019, whereby
the petitioner has been convicted of the offence under
Section 420 of the Indian Penal Code, by the court of learned
Judicial Magistrate, 1st Class, Dhanbad, in G.R. No.500 of
2009. The petitioner has been sentenced to undergo rigorous
imprisonment of three years and to pay the fine of Rs.5,000/-
(Rupees five thousand only).
2. Learned counsel for the petitioner has submitted that
during the pendency of this revision application, on the
intervention of friends, well wishers and relatives, both the
parties have amicably settled the matter. It is submitted that
joint compromise petition has been filed vide I.A. No.1250 of
2021.
Accordingly, prayer has been made to quash and set
aside the judgments of the courts below.
3. Learned counsel appearing on behalf of the informant/
O.P. No.02 has submitted that the petitioner has paid the
entire amount, to O.P. No.02 in terms of the agreement. It is
submitted that since the O.P. No.02's grievance has been
redressed, hence she does not want to proceed further with
prosecution of the case.
4. Heard. Considering, the fact, that both the parties have
amicably settled the matter and the informant has received
the entire amount as full and final settlement of the dispute,
accordingly the compromise is allowed. In view of the
amicable settlement arrived at between the parties, the
continuation of further proceeding in the case shall only be an
exercise in futility resulting in wastage of time and an abuse
of the process of Court, thus, for the ends of justice, the
judgment dated 21.12.2020, passed in Criminal Appeal No.02
of 2020 by the learned Additional Sessions Judge - VIII,
Dhanbad and the judgment dated 17.12.2019 passed by the
learned Judicial Magistrate, 1st Class, Dhanbad, in G.R. Case
No.500 of 2009, are, hereby, quashed and set aside,
5. For the foregoing reasons, the petitioner is acquitted of
the offence under Section 420 of the Indian Penal Code in
terms of the joint compromise entered into between the
parties.
6. Consequent thereto, the petitioner is exempted from
surrendering in the court below in terms of Rule 159 of the
High Court of Jharkhand Rules, accordingly, I.A. No.1249 of
2021 stands disposed off.
7. In the result, the revision and I.A. No.1250 of 2021 are,
hereby, allowed.
(AMITAV K. GUPTA, J.)
Chandan/-
