Binay Kumar Tiwary vs The State Of Jharkhand And Another
2023 Latest Caselaw 3931 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.761 of 2023

        Binay Kumar Tiwary                                         .....   ... Petitioner
                                   Versus
        The State of Jharkhand and another                    .... .... Opposite Parties
                                      --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

------

        For the Petitioner                 : Mr. A.K. Choudhary, Advocate
                                              Mr. Rohit Agarwal, Advocate
        For the State                      : Mr. Pankaj Kumar, PP
        For the OP No.2                    : Mr. Sumit Prakash, Advocate

                                         --------

03/12.10.2023        Learned counsel for the petitioner and learned counsel for the

opposite party no.2 as also the learned PP for the State are present.

I.A. No. 8306 of 2023

2. The instant interlocutory application is on behalf of opposite party/complainant with the prayer to accept the vakalatnama on behalf of complainant.

3. The prayer for the same is hereby allowed.

4. I.A. No. 8306 of 2023 stands disposed of.

I.A. No. 6265 of 2023

5. The instant interlocutory application is for exemption to surrender before the court below in compliance of the conviction and sentence passed by the learned trial court which was affirmed by the appellate court on the ground that the compromise has been arrived between the parties and the total amount of compensation has been paid by the petitioner to opposite party/complainant.

6. Learned counsel for the complainant has conceded the same.

7. In view of the above, I.A. No. 6265 of 2023 is allowed.

8. The petitioner is exempted to surrender before the court below.

I.A. No. 8340 of 2023

9. The instant interlocutory application is the joint compromise petition on behalf of the petitioner and complainant as well with the prayer to dispose of the instant criminal revision in the light of compromise arrived between the parties.

10. It has been stated therein that with the intervention of the family

friends and common well-wishers of the parties the dispute has been amicably settled by both parties.

11. The petitioner has paid Rs.11,60,000/- through demand drafts bearing nos. 000012 dated 28.06.2023, 000347 dated 24.08.2023 and 000037 dated 04.09.2023.

12. The learned counsel for the opposite party/complainant conceded that the compromise has arrived between the parties and he has received the total amount of compensation Rs.11,60,000/- and no grievance is left between the parties.

13. In view of the above, the impugned judgment of conviction passed by the learned trial court in C/1 Case No. 1246 of 2017 dated 25.11.2022 which was affirmed by the learned appellate court in Criminal Appeal No.219 of 2022 vide judgment dated 08.06.2023 are hereby set aside and this criminal revision stands disposed of in the light of the compromise given in I.A. No. 8340 of 2023.

(Subhash Chand, J.) RKM