Tapas Kumar Ghosh @ Tapash Kumar ... vs The State Of Jharkhand And Another
2023 Latest Caselaw 2782 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.724 of 2023

        Tapas Kumar Ghosh @ Tapash Kumar Ghosh                    .....   ... Petitioner
                                   Versus
        The State of Jharkhand and another                    .... .... Opposite Parties
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        CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                         ------
        For the Petitioner                 : Ms. Prachi Pradipti, Advocate
                                              Mr. Rajan Kr. Tiwary, Advocate
        For the State                      : Mrs. Ruby Pandey, APP
        For OP No.2                        : Mr. Abhishek Kr. Singh, Advocate

                                          --------

04/10.08.2023        I.A. No. 6311 of 2023

This interlocutory application is with the prayer to condone the delay of 375 days in preferring this criminal revision.

2. The reason for the same is disclosed that the talk was going on between the complainant and the petitioner to settle the dispute amicably so the appeal could not be filed within time. The reasons disclosed are given for preferring this appeal belated is found sufficient.

3. Accordingly, I.A. No. 6311 of 2023 stands disposed of.

Cr. Rev. No.724 of 2023

4. The learned counsel for the parties have submitted that a compromise has arrived between the parties and the entire amount has been deposited by the petitioner to op no.2-complainant.

5. I.A. No. 6309 of 2023 is with the prayer that in the light of the compromise arrived between the parties the judgment of conviction passed by the trial court which has been affirmed by the appellate court be set aside and the petitioner be acquitted from the charge levelled against him. In para no.4 it is stated that both the parties have arrived at an amicable settlement. Grievance of the op no.2 has already been redressed and the entire amount has been given back.

6. On behalf of op no.2, the counter-affidavit was filed on 13.7.2023 and in para-3 of this counter-affidavit it has been stated by the pairvikar, on behalf of the complainant, Mr. Satya Dev Sikdar that op no.2 complainant and petitioner both have settled their dispute by the intervention of the common friends and relatives as well. Vide cash receipt dated 20.05.2023 the petitioner has paid to the op no.2 as full and final settlement

of the entire compensation amount. The photo copy of the money receipt dated 20th May 2023 is the annexure no.A of this counter-affidavit.

7. As such, the dispute between the parties has been settled and full and final amount as the compensation has been given by the petitioner and same has been received by op no.2.

8. This compromise has been reduced in writing by way of I.A. No. 6309 of 2023. Accordingly, this criminal revision is disposed of in the light of I.A. No. 6309 of 2023 in which the compromise has been reduced in writing.

9. This compromise shall be part of the order. Consequently, the judgment of conviction passed by the trial court which has been affirmed by the appellate court are hereby set aside.

(Subhash Chand, J.) RKM