Jharkhand High Court
Kameshwar Tiwary vs The State Of Jharkhand on 24 March, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1018 of 2019
With
I.A. No.11672 of 2019
Kameshwar Tiwary ...... Petitioner
Versus
1. The State of Jharkhand
2. Smt. 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. V. K. Trivedi, Advocate
For the State : Mr. P. K. Appu, A.P.P
For the Informant : Mr. J. N. Upadhyay, Advocate
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09/Dated: 24th March, 2021
1. This revision has been preferred against the judgment
dated 01.07.2019, passed in Criminal Appeal No.211 of 2018
by the court of learned Additional Sessions Judge-XIII,
Jamshedpur, whereby the petitioner was acquitted of the
offence under Sections 406, 467, and 471 of the Indian Penal
Code and was found guilty for the offence under Sections
420, 468 and 120B of the Indian Penal Code and sentenced to
undergo simple imprisonment of three years and fine of
Rs.2,000/-, for the offence under Sections 420 and 468 I.P.C,
and for the offence under Sections 120B I.P.C he has been
sentenced to undergo S.I of two years with a fine of
Rs.1,000/-. The judgment dated 18.08.2018, passed in G.R.
Case No.4351 of 2013, by the court of learned Judicial
Magistrate, 1st Class, East Singhbhum at Jamshedpur was
accordingly affirmed.
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.11672 of
2019.
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
has admitted that both the parties have amicably resolved the
dispute. It is submitted that since the O.P. No.02'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 resolved the dispute and settled the matter and the
O.P. No.02/ informant's grievance has been redressed,
accordingly the compromise is allowed. In view of the
amicable settlement and compromise arrived at between the
parties, the continuation of further proceeding in the case will
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.211 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, 1st 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 offences under Sections 420, 468 and 120B of the Indian
Penal Code in terms of the joint compromise (I.A. No.11672 of
2019) entered into between the parties.
6. In the result, the revision is, hereby, allowed.
(AMITAV K. GUPTA, J.)
Chandan/-
