Jharkhand High Court
Sheikh Ijhar vs The State Of Jharkhand on 14 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:31647 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 540 of 2024
Sheikh Ijhar, aged about 35 years, son of Shekh Abdul Wahab, resident of
village Narayanpur, P.O. Narayanpur, P.S. Seraikella, District-Seraikella-
Kharsawan ...... ... Petitioner
Versus
1.The State of Jharkhand
2.Mumtaz Khatoon, wife of Ijhar and daughter of Habib Ansari, at present
resides at S. Road, Muslim Basti, P.O. and P.S. Adityapur, District-Seraikella
Kharsawan ..... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Ram Chandra Prasad Sah, Advocate
For the State : Mr. Achinto Sen, A.P.P
For the O.P. No.2 : Mrs. Vani Kumari, Advocate
Mr. Akshay Kumar, Advocate
09/ 14.10.2025: Heard learned counsel for the petitioners, learned counsel
for the State and learned counsel for the O.P. No.2.
2. This revision petition has been preferred for setting aside
judgment of conviction and order of sentence dated 15.03.2024 passed by the
learned Sessions Judge, Seraikella in Cr. Appeal No. 02/2022 and judgment of
conviction and order of sentence dated 20.03.2020 passed by the learned Chief
Judicial Magistrate, Seraikella Kharsawan in Seraikella P.S. Case No. 80/2017,
corresponding to G.R. Case No. 540/2017, T.R. No. 322 of 2020 whereby the
petitioner was sentenced to undergo R.I. for two years with fine of Rs. 10,000/-
and in default of payment of fine, further sentenced to undergo two months of
simple imprisonment and both the sentences will run concurrent and further it
was ordered that the amount of fine deposited shall be given to the informant.
3. Learned counsel appearing for the petitioner submits that the
matter is arising out of matrimonial dispute and now good sense has prevailed
between the parties and in view of that on 10.02.2025 a mutual agreement was
executed between the petitioner and O.P. No.2. He further submits that as per
one time settlement Rs. six lakh was decided to be given to the O.P. No.2 by the
petitioner. He further submits that 1st installment of Rs. two lakh has already
( 2025:JHHC:31647 )
been paid to the O.P. No.2 on 11.02.2025. He then submits that Rs. two lakh
has been paid to the O.P. No.2 in terms of clause 9(kha) of the agreement
contained in annexure-1. He also submits that Rs. four lakh has already been
paid to the O.P. No.2. He then submits that Co-ordinate Bench of this Court has
directed the petitioner to deposit remaining amount of Rs. two lakh before the
learned Registrar General of this Court by order dated 25.07.2025 and pursuant
to that order a demand draft of Rs. two lakh drawn in the name of O.P. No.2
has been deposited before the learned Registrar General. He submits that an
O.P. No.2 may be allowed to withdraw the said demand draft from the office of
the learned Registrar General. He then submits that other cases between the
parties including the divorce case filed by the petitioner have already been
withdrawn with the consent of the parties in the light of said agreement and in
view of that criminal revision may kindly be allowed in terms of compromise for
which I.A. No. 2820 of 2025 has been filed. He further submits that since the
matter is arising out of matrimonial dispute and now compromise has taken
place in view of that judgment of conviction and order of sentence may kindly
be set aside.
4. Learned counsel for the State submits that compromise is there in
the light of averment made in the said I.A.
5. Learned counsel for the O.P. No.2 submits that matter is arising out
of matrimonial dispute and mutual divorce order has been passed and the O.P.
No.2 has received Rs. four lakh in terms of agreement. She further submits that
O.P. No.2 may kindly be allowed to withdraw the demand draft of Rs. two lakh
deposited before the learned Registrar General in view of earlier order of the Co-
ordinate Bench. She submits that matter can be disposed of by way of setting
aside the impugned judgments.
6. The matter is arising out of matrimonial dispute and now good
sense has prevailed between the parties and compromise has taken place for
( 2025:JHHC:31647 )
that the aforesaid I.A. has been filed and payment of Rs. four lakh has already
been made to the O.P. No.2 and remaining Rs. two lakh by way of demand draft
has been deposited before the learned Registrar General in terms of order dated
25.07.2025.
7. In course of argument it has been pointed out that said demand
draft will expire on 17.10.2025 and in view of that the Registrar General shall
release the said demand draft to the learned counsel for the O.P. No.2 to hand
over the said demand draft to the O.P. No.2 so that before expiry of the said
demand draft the O.P. No.2 may encash the said demand draft.
8. In view of above and considering the matter is arising out of
matrimonial dispute and now compromise has reached between the parties and
in view of judgment of the Hon'ble Supreme Court in the case of " Narinder
Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC
466, and in the case of " Gian Singh Vs. State of Punjab & Anr." reported
in (2012) 10 SCC 303, the judgment of conviction and order of sentence
dated 15.03.2024 passed by the learned Sessions Judge, Seraikella in Cr.
Appeal No. 02/2022 and judgment of conviction and order of sentence dated
20.03.2020 passed by the learned Chief Judicial Magistrate, Seraikella
Kharsawan in Seraikella P.S. Case No. 80/2017, corresponding to G.R. Case No.
540/2017, T.R. No. 322 of 2020 are set aside.
9. This criminal revision is allowed and disposed of. Pending I.A. if
any, stands disposed of.
10. Let a copy of this order be communicated to the learned Registrar
General in course of day for needful.
( Sanjay Kumar Dwivedi, J.)
Dated. 14.10.2025
Satyarthi-
