Jharkhand High Court
Laxman Yadav vs The State Of Jharkhand on 10 August, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.583 of 2020
With
I.A. No.2607 of 2021
With
I.A. No.2720 of 2021
Laxman Yadav ...... Petitioner
Versus
1. The State of Jharkhand
2. Prem Kumar Das ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Ashok Kumar Singh, Advocate
For the State : Mr. B. Shastri, A.P.P
For the O.P. No.02 : Mr. Deepak Kumar, Advocate
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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th
06/Dated: 10 August, 2021
I.A. No.2607 of 2021
1. The above interlocutory application has been filed under
Section 5 of the Limitation Act for condoning the delay of 95
days in preferring the present revision application.
2. Learned A.P.P and learned counsel for O.P. No.02 have not
opposed the prayer.
3. In view of the reasons assigned in the application,
sufficient cause and reasonable explanation is made out,
accordingly the delay is condoned.
4. I.A. No.2607 of 2021 stands allowed.
Cr. Revision No.583 of 2020
With
I.A. No.2720 of 2021
1. It has been submitted by the learned counsel for the
petitioner that there was dispute between the parties with
respect to the shop and for money transaction. On the basis of
the complaint of the informant/ O.P. No.02, Koderma P.S. Case
No.48 of 2012 was lodged and on the basis of which trial
commenced and the petitioner was convicted for the offence
under Section 504 of the Indian Penal Code and sentenced to
undergo Simple Imprisonment of one year vide the judgment
and order of sentence dated 12.06.2019, passed by the court of
learned Chief judicial Magistrate, Koderma, in G.R. Case No.985
of 2012 (T.R. No.505 of 2019), arising out of Koderma P.S. Case
No.48 of 2012.
Against the order of conviction, the petitioner had
preferred Cr. Appeal No.62 of 2019, which was dismissed by the
court of learned Sessions Judge, Koderma, vide judgment dated
14.02.2020 and accordingly, against the said judgments the
petitioner has approached this Court by filing the instant
revision application.
2. It has been submitted by the learned counsel for the
petitioner that the parties have settled their dispute amicably
out side the court and executed an agreement dated 20.03.2021
and the complainant/ O.P. No.02 has no grievance against the
petitioner. Further, it has been submitted that I.A. No.2720 of
2021 has been filed for granting exemption to the petitioner
from surrender as the matter has been settled out side the
court. It has further been submitted that since the offence under
Section 504 of the I.P.C is compoundable in nature, and as such,
prayer has been made to set aside the impugned judgments of
the courts below.
3. On notice, learned counsel for the O.P. No.02 has appeared
and admitted that the parties have amicably settled their dispute
out side the court and the complainant/ O.P. No.02 has no
grievance against the petitioner.
4. Heard learned counsel for the petitioner, learned A.P.P and
learned counsel for the O.P. No.02. Considering the fact that
both the parties have amicably settled their dispute outside the
court and the offence under Section 504 of the I.P.C is
compoundable in nature, accordingly in the interest of justice,
the judgment dated dated 14.02.2020, passed in Cr. Appeal
No.62 of 2019, by the court of learned Sessions Judge, Koderma,
and judgment and order of sentence dated 12.06.2019, passed
by the court of learned Chief Judicial Magistrate, Koderma, G.R.
Case No.985 of 2012 (T.R. No.505 of 2019) arising out of
Koderma P.S. Case No.48 of 2012, are, hereby, set aside. The
petitioner is exempted from surrendering in the court below and
acquitted from the charges under Section 504 of the I.P.C in
terms of the compromise entered into between the parties.
5. In the result, the present revision stands allowed and I.A.
No.2720 of 2021 stands disposed off.
(Rajesh Kumar, J.)
Chandan/-
