Ravi Kumar Mishra vs The State Of Jharkhand
2021 Latest Caselaw 1510 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.1078 of 2019
                      With
                I.A. No.1035 of 2020
                      With
                I.A. No.1342 of 2020

    Ravi Kumar Mishra                          ......     Petitioner

                            Versus
    1.      The State of Jharkhand
    2.      Lal Muni Devi                      .....   Opp. Parties

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioner      : Mr. Piyush Chitresh, Advocate
    For the State           : Mr. P. K. Appu, A.P.P
    For the O.P. No.02      : Mr. J. N. Upadhyay, Advocate
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05/Dated: 24th March, 2021

1. This revision has been preferred against the judgment dated 01.07.2019, passed in Criminal Appeal No.226 of 2018 by the court of learned Additional Sessions Judge-XIII, Jamshedpur, setting aside the conviction and acquitting the petitioner of the offences under Sections 406 & 468 of the Indian Penal Code and affirming his conviction under Section 120B of the Indian Penal Code and sentenced to undergo simple imprisonment of two years and fine of Rs.1,000/-, in default thereof, to suffer imprisonment of 7 days accordingly, the judgment dated 18.08.2018, passed in G.R. Case No.4351 of 2013, by the court of learned Judicial Magistrate, 1 st Class, East Singhbhum at Jamshedpur was altered and modified to that extent.

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.1035 of 2020.

Accordingly, prayer has been made to quash and set aside the judgments of the courts below.

3. Learned counsel appearing on behalf of the O.P. No.02/ informant, has admitted that both the parties have amicably

resolved the dispute outside the court. It is submitted that since the informant's grievance has been redressed therefore, 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's grievance has been redressed, 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 01.07.2019, passed in Criminal Appeal No.226 of 2018 by the court of learned Additional Sessions Judge - XIII, Jamshedpur and the judgment dated 18.08.2018 passed by the learned Judicial Magistrate, 1 st Class, East Singhbhum at Jamshedpur, in G.R. Case No.4351 of 2013, are, hereby, quashed and set aside,

5. For the foregoing reasons, the petitioner is acquitted of the offence under Section 120B of the Indian Penal Code in terms of the compromise (I.A. No.1035 of 2020) entered into between the parties.

6. In the result, the revision is, hereby, allowed and I.A. No.1342 of 2020 stands disposed off.

(AMITAV K. GUPTA, J.) Chandan/-