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Anwar Alam vs The State Of Jharkhand
2024 Latest Caselaw 532 Jhar

Citation : 2024 Latest Caselaw 532 Jhar
Judgement Date : 18 January, 2024

Jharkhand High Court

Anwar Alam vs The State Of Jharkhand on 18 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Revision No.702 of 2023

         Anwar Alam                                          .....   ... Petitioner
                                     Versus
         1.The State of Jharkhand
         2.Kaynath Bibi                                     .... .... Opp. Parties
                            --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Ranjan Kumar Singh, Advocate Md. Asadul Haque, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P. For the O.P. No.2 : Mr. Swaminath Prasad Roy, Advocate

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th 05/18 January, 2024 Learned counsel for the petitioner has submitted that the all the defects have been removed and only one defect i.e., defect no.9(iii) is left which is in regard to filing of duly certified true copy of Page Nos.16 to 23. He prayed that the said defect may be ignored.

On perusal of the said defect, the same is hereby ignored.

The present interlocutory application has been filed with the prayer to exempt the petitioner to surrender before the learned court below in compliance of the judgment of conviction and sentence.

Learned counsel for the petitioner has submitted that a compromise has arrived between the parties and both the parties are leading their conjugal life as husband and wife and no dispute is left.

In view of aforesaid submission, the petitioner is exempted to surrender before the learned court below.

Accordingly, I.A. No.593 of 2024 stands disposed of.

The present interlocutory application has been filed with the prayer to accept the joint compromise arrived between the parties in which it is averred that compromise has arrived between the parties and dispute has been settled. It is further stated that both the parties are living as husband and wife. The terms and conditions of the compromise has been introduced in this interlocutory application.

As jointly submitted by the learned counsel for the petitioner and learned counsel for the O.P. No.2 that a compromise has arrived between the parties, the prayer sought in this I.A. is hereby allowed.

Accordingly, I.A. No.390 of 2024 also stands disposed of.

Learned counsel for the petitioner and learned counsel for the O.P. No.2 has submitted that the petitioner was convicted by the learned trial court for the offence under Section 498-A I.P.C. and Section 4 of the D.P. Act which has also been affirmed by the learned appellate court.

This criminal revision has been preferred assailing the judgment of conviction and sentence passed by the learned trial court which was affirmed by the learned appellate court.

Learned counsel for the petitioner has submitted that the dispute between the parties has been settled and the dispute is matrimonial, therefore, this criminal revision may be disposed of compounding the offence for which the conviction was held by both the learned court below.

In view of above submissions made, the compromise which is arrived between the parties and in view of the same the offence for which the petitioner was convicted is compounded.

Accordingly, the impugned judgment of conviction and sentence passed by the learned both the court below are hereby set aside and this criminal revision stands disposed of as such.

(Subhash Chand, J.) Rohit

 
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