Kundan Rai vs The State Of Jharkhand
2022 Latest Caselaw 5113 Jhar

Citation : 2022 Latest Caselaw 5113 Jhar
Judgement Date : 16 December, 2022

Jharkhand High Court

Kundan Rai vs The State Of Jharkhand on 16 December, 2022

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Criminal Revisional Jurisdiction)
                     Criminal Revision No. 498 of 2015
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Kundan Rai, son of Rambriksha Rai, residence of Village-Petsar, PO&PS- Jarmundi, District-Dumka, Jharkhand ... ... Petitioner

Versus

1. The State of Jharkhand

2. Rina Devi, daughter of Bengali Rai, wife of Kundan Rai, resident of Village-Dengimore, PO&PS-Ramgarh, Dist.-Dumka ... ... Opposite Parties

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Indu Shekhar Gupta, Advocate For the State : Mr. Suraj Deo Munda, APP For OP No.2 : Ms. Archana Singh, Amicus

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Order No. 13/ Dated: 16th December 2022

I.A. No. 11526 of 2022 This application has been filed by the petitioner through which a copy of the compromise jointly signed by the parties has been brought on record.

The learned counsel for the petitioner has refered to the judgment in "Rajendra Bhagat v. State of Jharkhand & Anr." 2022 LiveLaw (SC) 34 to submit that in view of the compromise between husband and wife, it would be necessary and expedient in the interest of justice that the judgment of conviction and sentence awarded to the petitioner in P.C.R Case No.494 of 2004 | T.R. Case No.91 of 2011 are set- aside.

Having considered the materials on record and the judgment in "Rajendra Bhagat", this Court is of the opinion that it is necessary to set- aside the conviction of the petitioner recorded in P.C.R Case No.494 of 2004 | T.R. Case No.91 of 2011, which would bring in harmony in the matrimony.

Accordingly, the judgment of conviction and sentence awarded to the petitioner in P.C.R Case No.494 of 2004 | T.R. Case No.91 of 2011 are set-aside.

Consequently, judgment dated 30th January 2015 passed in 2 Criminal Revision No. 498 of 2015

Criminal Appeal No.53 of 2011 is also set-aside.

The petitioner is discharged of the bail bond furnished by him vide order dated 23rd March 2017.

I.A. No. 11526 of 2022 is allowed.

Accordingly, Criminal Revision No. 498 of 2015 is disposed of, in terms of the compromise dated 8th December 2022.

(Shree Chandrashekhar, J.) R.K.