Jharkhand High Court
Simal Hansda vs The State Of Jharkhand on 2 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 478 of 2013
Simal Hansda, S/o late Ram Sawrop, R/o Dubrajpur, P.O. +
P.S. Ghatshila, District - East Singhbhoom
... ... Petitioner
Versus
1. The State of Jharkhand
2. Shrawani Hembram,
W/o Simal Hansda, D/o Sri Munda Hembrom,
R/o Village Bamdra Bandih P.S. Nirsa (Kalubatham O.P)
P.O. Nirsa Dist. Dhanbad
... ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Mukesh Bihari Lal, Advocate
For the Opp. Party No.2: Md. Zaid Ahmed, Advocate
For the Opp. Party State: Mr. Ravi Prakash, Advocate
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Through Video Conferencing
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12/02.07.2021 Heard Mr. Mukesh Bihari Lal, learned counsel appearing
on behalf of the petitioner.
2. Heard Mr. Zaid Ahmed, learned counsel appearing on
behalf of the opposite party no.2.
3. Heard Mr. Ravi Prakash, learned counsel appearing on
behalf of the opposite party - State.
4. This criminal revision application has been filed for
setting aside the judgment dated 22nd March, 2013 passed in
Criminal Appeal No.294/2012 by the learned Sessions Judge,
Dhanbad, whereby the learned appellate court has been pleased
to dismiss the appeal filed by the petitioner against the
judgment of conviction and sentence dated 24.08.2012 passed
by learned Judicial Magistrate 1st Class, Dhanbad in connection
with Nirsa P.S. Case No.153/1999, corresponding to G.R.
No.2472/1999/ T.R. No.63/2012 by which the learned Judicial
Magistrate convicted the petitioner under Section 498A of the
Indian Penal Code and sentenced him simple imprisonment for
three years and fine of Rs.10,000/-. In default of payment of
fine, the convict was further sentenced to undergo simple
imprisonment for three months.
5. Learned counsel for the petitioner and opposite party
no.2 have submitted that they have filed I.A. No.520 of 2021
being a joint compromise petition. Both of them have jointly
submitted that both the parties have finally entered into
compromise in connection with the various litigations pending
between them and they have finally decided to part away from
each other and live peacefully. They jointly submit that the
parties have settled the matter and they have decided to keep
harmony amongst themselves. They have also undertaken not
to indulge in any litigation against each other and they have
also submitted that as per the compromise, the complaint
would be withdrawn. Learned counsel for the petitioner and
opposite party no. 2 jointly submit that for meeting ends of
justice between the parties, the conviction as well as sentence of
the petitioner be quashed and set aside. It has been submitted
by the learned counsel for the petitioner that the petitioner is a
teacher in government service.
6. Learned counsel for the opposite party State has opposed
the aforesaid prayer made.
7. This Court finds that the allegation against the petitioner
was that the informant wife was subjected to cruelty on account
of non-fulfillment of demand of a motor-cycle and T.V. and she
was ousted from her matrimonial house.
8. After hearing the learned counsel for the parties and
considering the peculiar facts and circumstances jointly
submitted by the learned counsel for the petitioner and
opposite party no. 2 wherein the parties have entered into
compromise amongst themselves, have decided to live
peacefully, and have accordingly filed a joint compromise
petition pursuant to settlement arrived between them at District
Legal Services Authority, Dhanbad, this Court is of the
considered view that ends of justice would be served if the
conviction as well as the sentence of the petitioner under
Section 498A of Indian Penal Code is set aside.
9. Accordingly, the conviction and sentence of the petitioner
for offence under section 498A IPC dated 24.08.2012 passed by
learned Judicial Magistrate 1st Class, Dhanbad in connection
with Nirsa P.S. Case No.153/1999, corresponding to G.R.
No.2472/1999/ T.R. No.63/2012 as well as the appellate court's
judgement dated 22nd March, 2013 passed in Criminal Appeal
No.294/2012 by the learned Sessions Judge, Dhanbad
confirming the aforesaid judgement passed by the learned trial
court are hereby set aside. Accordingly, I.A. No.520 of 2021 as
well as the present revision petition are disposed of.
10. The petitioner is discharged from the liability of the bail
bonds.
11. Let the lower court records be sent back to the learned
court below.
12. Let a copy of this order be communicated to the learned
court below through FAX/e-mail.
(Anubha Rawat Choudhary, J.)
Saurav
