Jharkhand High Court
Mustaque Khan @ Mustak Khan vs The State Of Jharkhand on 27 March, 2023
1 Cr. Revision No. 182 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 182 of 2023
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Mustaque Khan @ Mustak Khan ... ... Petitioner
Versus
1. The State of Jharkhand
2. Adil Hussain ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Md. Razaullah Ansari, Advocate
For the State : Mr. Someshwar Roy, Addl.P.P.
For the O.P. No. 2 : Mr. Azam, Advocate
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Order No. 04: Dated: 27th March, 2023
Heard the learned counsels for the parties.
Learned counsels for the petitioner and O.P. No. 2 has jointly
submitted that a compromise has taken place between both the
parties under which the O.P. No. 2 /complainant has received the
entire amount and he has no grievance against the petitioner and
therefore it is urged on behalf of the O.P. No. 2 let the cr. Revision
be disposed of in terms of compromise and settlement arrived at
between the parties under which the entire amount has been given
by the accused petitioner to the complainant /O.P. No. 2.
I.A. No. 2195 of 2023
Learned counsel for the petitioner submitted that the instant
interlocutory application has been filed on behalf of the petitioner
with a prayer to condone the delay in filing this criminal revision
application which has been preferred against the judgment dated
27.06.2016 passed in Cr. Appeal No. 30 of 2015 by the court of XIII th
Add. Sessions Judge, Hazaribagh, whereby and where under the
learned Addl. Sessions Judge, Hazaribagh dismissed the appeal and
upheld the judgment of conviction and order of sentence dated
10.02.2015 passed in Complaint Case No. 875 of 2013 (T.R. No. 398
of 2015). It has further been submitted that stamp reporter has
pointed out that there was a delay of 1612 days' in filing this
criminal revision before this Court and it has been submitted that
the appeal preferred by this petitioner was dismissed then he
immediately paid the entire amount to the Opp. Party No. 2 in
presence of the witness in which an agreement was also made
between the parties on 01.07.2016 and he was in the presumption
that the matter has been concluded in view of the fact that the
petitioner has given the entire amount and therefore he could not
prefer this criminal revision under the impression that the matter
has come to an end on the basis of the compromise and settlement
arrived at between both the parties.
It has further been pointed out that the entire cheque amount
as well as the fine amount of Rs. 55,000/- (Rupees Fifty Five
Thousands) has been paid by the petitioner to the complainant/O.P.
No. 2 and the agreement has also been enclosed with the I.A. which
has been marked as Annexure-I. It has further been submitted that
both the parties have settled their entire dispute and they are living
peacefully and they do not want to proceed with this case. And
therefore, in the interest of justice it is submitted on behalf of the
petitioner that let the delay 1612 days in filing of this criminal
revision be condoned and this criminal revision application also be
disposed of in terms of compromise and settlement arrived at
between the parties under which the petitioner has paid the entire
amount to the Opp. Party No. 2 who has no grievance against the
petitioner right now.
On the other hand, learned counsel appearing on behalf of the
O.P. No. 2 submitted that entire amount has been received and he
has no objection if the delay of 1612 days in filing the present
criminal revision is condoned and this criminal revision is disposed
of in terms of compromise and settlement.
Having taken into consideration the aforesaid facts, the delay
of 1612 days in filing of this criminal revision is condoned.
Accordingly, I.A. No. 2195 of 2023 gets disposed.
I.A. No. 1780 of 2023
The instant interlocutory application has been filed on behalf
of the petitioner with a prayer for exemption of the petitioner from
surrendering in connection with complaint Case No. 875 of 2013
(T.R. No. 398 of 2015) in view of the fact that the petitioner and o.p.
no. 2 has compromised the matter and O.P. No. 2/ complainant has
no grievance at all.
Learned counsel appearing for the O.P. No. 2 also submitted
that let the I.A. for exemption of the petitioner from surrender be
allowed in view of the fact that the complainant has received the
entire fine amount and compromise has taken place between both
the parties.
Learned Addl.P.P. for the State did not raise any objection in
view of the fact that the compromise has taken place and the
conviction is u/s 138 of N.I. Act which is compoundable in nature.
Having taken into consideration the aforesaid fact, the
petitioner is exempted from the surrender and, I.A. No. 1780 of 2023
gets allowed.
I.A. No. 2192 of 2023
The instant interlocutory application is a joint compromise
petition which has been filed on behalf of both the parties in which a
duly sworn affidavit by the complainant /O.P. No. 2 and also by the
accused petitioner is annexed. It is jointly submitted that the
compromise has taken place and the entire amount including the
fine amount of Rs. 55,000/- (Rupees Fifty Five Thousands Only)
from the accused petitioner and therefore, it is submitted that let this
criminal revision be case be disposed of in terms of compromise and
settlement arrived at between the parties.
Having taken into consideration the aforesaid submission this
criminal revision application is compounded in terms of settlement
arrived at between the parties and all the terms and conditions have
also been complied with.
In the result this petitioner is acquitted from the charges
leveled against him.
Accordingly, the judgment dated 27.06.2022 passed in
criminal appeal no. 30/2015 by the Additional Session Judge, XIIth
Hazaribagh and the judgment of conviction and order of sentence
dated 10.02.2015 passed by the learned Judicial Magistrate, 1st class,
Hazaribagh passed in C. Case No. 875 of 2013 in T.R. No. 398 of 2015
are hereby set aside in terms of compromise and settlement arrived
at between the parties vide settlement agreement dated 01.07.2016.
This criminal revision is allowed.
(Navneet Kumar, J.)
MM
