Jharkhand High Court
M. V. Bala Ji Rao vs State Of Jharkhand on 10 February, 2022
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.422 of 2021
With
I.A. No.7529 of 2021
With
I.A. No.130 of 2022
M. V. Bala Ji Rao
@ M. V. Balaji Rao ...... Petitioner
Versus
State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Anurag Kashyap, Advocate
For the State : Ms. Priya Shrestha, Spl.P.P
For the Informant : Mr. Amit Kumar Das, 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
05/Dated: 10 February, 2022
1. The present revision application has been filed against
the judgment of conviction and order of sentence dated
08.04.2021, passed in Criminal Appeal No.93 of 2019, by the
court of learned Additional Sessions Judge - IV, East
Singhbhum at Jamshedpur, affirming the judgment of
conviction and order of sentence dated 02.04.2019, passed by
the court of learned Chief Judicial Magistrate, Jamhedpur in
G.R. Case No.1057 of 2009, (Tr. No.72 of 2019), whereby the
petitioner has been convicted for the offence under Section
498A of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act, and sentenced to undergo rigorous
imprisonment of one year with fine of Rs.2,000/- for the
offence under Section 498A of the I.P.C and R.I for a period
for six months and fine of Rs.5,000/- for the offence under
Section 4 of the D.P Act with the default clause.
2. I.A. No.130 of 2022 has been filed under Rule 159 of the
High Court of Jharkhand Rules, for exemption from surrender
on the ground that the revisionist and the informant, who are
the husband and wife, have settled their dispute out side the
court and has compromised the matter.
3. It has been argued that with the consent of the parties,
divorce has been granted by the first appellate court on the
payment of Rs.19,00,000/- (Nineteen lakhs) to the wife/
informant by the husband and the same amount has already
been paid.
4. Learned counsel for the informant/ wife has supported
the the factum of settlement and has submitted that now the
wife is not interested in pursuing the criminal case any more
and she has no any grievance with the husband.
5. Since the dispute is matrimonial in nature and the
matter has been settled between the parties, this Court finds
that maintaining the conviction of the husband under Section
498A of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act, will serve no purpose.
In the attending facts and circumstances of the case,
the revisionist is acquitted from the charge under Sections
498A of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act. Accordingly, the order dated 08.04.2021,
passed in Criminal Appeal No.93 of 2019 and order dated
02.04.2019, passed in G.R. Case No.1057 of 2009 are, hereby,
set aside.
6. I.A. Nos.7529 of 2021 and 130 of 2022 stand disposed
of.
(Rajesh Kumar, J.)
Chandan/-
