Sunil Das @ Sunil Rabidas Son Of Jiten Das ... vs The State Of Jharkhand
2024 Latest Caselaw 10574 Jhar

Jharkhand High Court

Sunil Das @ Sunil Rabidas Son Of Jiten Das ... vs The State Of Jharkhand on 21 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No.1487 of 2016

    Sunil Das @ Sunil Rabidas son of Jiten Das resident of
    village Bhelatand P.O. Nagnagar P.S. Barwadda,
    (Govindpur) District Dhanbad       ...... Petitioner
                              Versus
    1.       The State of Jharkhand
    2.       Smt. Sundra Devi, w/o Sunil Das, D/o Babulal Das,
             R/o Vill - Tiltoria, P.O. - Madanpur, P.S. - Nirsa, Dist.
             Dhanbad.                          ...... Opp. Parties
                              ---------

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner        : Ms. Prerna Jhunjhunwala, Amicus Curiae
    For the State             : Mr. Fahad Allam, A.P.P
    For the O.P. No.02        : Mr. Shubham Kataruka, Advocate
                               --------
                st
07/Dated: 21 November, 2024

1. Heard Ms. Prerna Jhunjhunwal, who has been appointed as amicus curiae to assist this Court, Mr. Shubham Kataruka, learned counsel for O.P. No.02 and Mr. Fahad Allam, learned A.P.P.

2. The present revision application has been filed against the judgment dated 27.06.2016, passed in Cr. Appeal No.312 of 2013, by the court of learned Sessions Judge, Dhanbad, whereby the appellate court has upheld the judgment of conviction and order of sentence dated 19.09.2013, passed by the court of learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.879 of 2006, whereby the petitioner/ revisionist has been found guilty and convicted for the offence under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.5,000/- with default clause.

3. It has been submitted by the learned amicus that it is a matrimonial dispute and the matter has been settled out side the Court between the parties and they are residing peacefully. A reliance has been placed upon the judgment of the Hon'ble Apex Court in the case of Rajiv Kumar Sharma & Anr. Vs. The State of Uttar Pradesh & Anr., reported in 2019 SCC OnLine SC 2292, wherein in para - 6, the Hon'ble Apex Court has held that when there is compromise between the parties then this fact should be taken into consideration. Para - 6 of the said

-1- Cr. Revision No.1487 of 2016 judgment quoted here-in-below :-

"6. It is not in dispute that after the settlement, matrimonial proceedings have been finally disposed of. The High Court despite this arrangement arrived at between the parties, however, declined to quash the proceedings. In our opinion, the High Court should have taken note of the fact that the parties have amicably resolved all their differences and consciously choose to unconditionally drop all proceedings related to marriage inter se including the criminal action initiated by the complainant- respondent No.2."

4. From perusal of the compromise petition, it appears that the parties have amicably settled their dispute.

5. Considering the above fact, the present criminal revision application is, hereby, allowed. Accordingly, judgment dated 27.06.2016, passed in Cr. Appeal No.312 of 2013 and judgment of conviction and order of sentence dated 19.09.2013, passed by the court of learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.879 of 2006 are, hereby, quashed and set aside.

6. The revisionist has already been granted bail vide order dated 04.02.2017 and as such he is discharged from the liability of bail bond.

7. In the result, the present criminal revision stands allowed.

8. Pending interlocutory application, if any, stands disposed of.

(Rajesh Kumar, J.) Chandan/-

                                   -2-                    Cr. Revision No.1487 of 2016