Md. Gulam Mustafa vs The State Of Jharkhand
2023 Latest Caselaw 1712 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Revision No. 238 of 2021
Md. Gulam Mustafa                       ......         Petitioner
                      Versus
1.The State of Jharkhand
2.Shakuntala Kumari                      ....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner    : Mrs. Nanda Kumari, Advocate
For the State         : Mrs. Nehala Sharmin, APP
For the O.P. No.2     : Mr. Anil Kumar Sinha, Advocate
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              th
10/Dated: 24 April, 2023

1. This criminal revision application has been filed on behalf of the petitioner challenging the judgment dated 20.02.2020 passed by Shri Yogesh Kumar Singh, learned Additional Sessions Judge-IV, Bokaro in Criminal Appeal No.82 of 2019 by which the appeal has been dismissed thereby affirming the judgment of conviction and order of sentence dated 30.03.2019 passed by Sri Vivek Kumar, Judicial Magistrate, Ist Class, Bokaro in C.P. Case No.1146 of 2014, corresponding to T.R. No.349 of 2018.

2. I.A. No.5228 of 2022 has been filed on behalf of the petitioner and O.P.No.2 by way of Joint Compromise Petition.

3. Mrs. Nanda Kumari, learned counsel appearing on behalf of the petitioner has submitted that the impugned judgments passed by the learned courts below are illegal and not sustainable in the eye of law. It has been further submitted that the case has been compromised between the petitioner and the O.P.No.2 and the petitioner has paid a sum of Rs.1,10,000/- to the O.P. No.2.

It is further submitted that the petitioner is in custody since 25.08.2022 and the case has been compromised hence this Revision Application may be allowed.

4. On the other hand, Mrs. Nehala Sharmin, learned APP appearing on behalf of the State raised no objection.

5. Mr. Anil Kumar Sinha, learned counsel for the O.P. No.2 has admitted the factum of compromise and submitted that the case has been compromised between the petitioner and the O.P.No.2 and O.P. No.2 has got no grievance against the petitioner.

6. Paragraph nos.4, 5, 6 and 7 of the I.A. No.5228 of 2022 read as under:

"Para 4:-. That during the pendency of the instant revision application with the help of friends and well- wishers, the petitioner and the Opposite Party No.2 have settled their dispute out of the Court and the Opposite Party No.2 having no grievance with the petitioner. Para 5:- That the Opposite Party No.2 humbly submits and states that since she has received entire amount and she does not want to contest instant case and also prays before this Hon'ble Court to modify the sentence of the S.I. of 1 year sentence passed by Learned Trial Court. Para 6:- That in view of the above facts and circumstances, the petitioner and the Opposite Party No.2 jointly pray before this Hon'ble Court to send instant case before Lok Adalat which is going to be held on 13.08.2022. Para 7:- That this compromise petition is being made bonafide and in the interest of justice."

7. It appears that the case has been compromised between the petitioner and the O.P. No.2. Although the mode of payment has not been shown but both the parties have admitted the factum of compromise. It also appears form the submission of the learned counsel for the petitioner that the petitioner is in custody since 25.08.2022.

8. In view of the compromise between the parties and on the facts and in the circumstances of this case, the impugned judgment dated 20.02.2020 passed by Shri Yogesh Kumar Singh, learned Additional Sessions Judge-IV, Bokaro in Criminal Appeal No.82 of 2019 and the judgment of conviction and order of sentence dated 30.03.2019 passed by Sri Vivek Kumar, learned Judicial Magistrate, Ist Class, Bokaro in C.P. Case No.1146 of 2014, corresponding to T.R. No.349 of 2018 are set aside in terms of compromise and the petitioner namely Md. Gulam Mustafa is acquitted for the offence made under Section 138 of the N.I. Act and he is directed to be released, if not wanted in any other case.

9. Accordingly, Cr. Revision No.238 of 2021 is allowed in terms of compromise and stands disposed of.

Consequently, I.A. No.5228 of 2022 is also allowed and stands disposed of.

(Sanjay Prasad, J.) Saket/-