Adil Raza @ Khalid vs The State Of Bihar
2023 Latest Caselaw 2126 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL REVISION No.661 of 2022
     Arising Out of PS. Case No.-54 Year-2013 Thana- KOCHADHAMAN District- Kishanganj
     ======================================================

Mursal Ahmad @ Mufti Mursal Ahmad Son Of Hasibur Rahman R/O Village- Baisa Toli, P.S.- Terha Gachhi, Distt.- Kisanganj.

... ... Petitioner/S Versus The State Of Bihar.

... ... Respondent/s ====================================================== with CRIMINAL REVISION No. 834 of 2022 Arising Out of PS. Case No.-54 Year-2013 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Adil Raza @ Khalid Son Of Raza Ibrahim Resident Of Mohalla- Mahatwana, P.O And P.S- Phulwarisharif, Dist- Patna.

... ... Petitioner/S Versus

1. The State Of Bihar.

2. Md Shakeel Anwar Son Of Late Salimuddin R/V- Danti, P.S- Kochadhaman Dist- Kishanganj.

... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL REVISION No. 661 of 2022) For the Petitioner/s : Mr. Bijay Kumar Pathak, Adv. For the Respondent/s : Mr. Sanjay Kumar Singh, Adv. For the Informant : Mr. Bajarangi Lal, Adv.

                          :     Mr. Ashish Kumar Ghosh, Adv.
     For the State        :     Mr. Nagendra Prasad, APP
                          :     Mr. Sanjay Kumar, APP
     (In CRIMINAL REVISION No. 834 of 2022)
     For the Petitioner/s :     Mr. Bijay Kumar Pathak, Adv.
     For the Respondent/s :     Mr. Md. Shakir Ahmad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 05-05-2023

Counsel for the petitioner submits that the present

Cr. Revision application has been filed for setting aside the

order dated 02.08.2022, passed by the Additional Session Judge- Patna High Court CR. REV. No.661 of 2022 dt.05-05-2023

Ist Class, Kisanganj in Cr. Appeal No. 11 of 2019 (CIS No. 11

of 2019) arising out of judgment and order on sentence dated

31.07.2019 passed by the learned Judicial Magistrate Ist Class,

Civil Court, Kisanganj passed in Trial No. 47 of 2019

corresponding to General Registered No.402 of 2013 (CIS No.

3525 of 2013) Kochadhaman P.S. Case No. 54 of 2013 lodged

under Sections 323, 406, 420, 504, 120(B) of the I.P.C.

Cognizance has been taken in this case under

Sections 323, 406, 420, 504, 120(B) of the I.P.C. Charge has

been framed under Sections 323, 406, 420, 504, 120(B) of the

Indian Penal Code.

The Judicial Magistrate, Ist Class convicted the

accused persons under Sections 420 and 120(B) of the Indian

Penal Code and two accused persons were convicted under

simple imprisonment of three years and fine of Rs. 5,000/- in

default of fine both shall undergo an imprisonment of another

one month.

Being aggrieved and dissatisfied with the order of

conviction by the original Court the convicts have preferred

criminal appeal no. 11 of 2019 (CIS No. 11 of 2019). In the said

Criminal Appeal vide order dated 02.08.2022, the appeal was

dismissed and the order passed by the Trial Court of conviction Patna High Court CR. REV. No.661 of 2022 dt.05-05-2023

under Sections 420 and 120(B) of Indian Penal Code was

affirmed.

Being aggrieved and dissatisfied with the order

dated 02.08.2022 passed in Cr. Appeal No. 11 of 2019 both the

appellants have preferred two Cr. Revisions before this Court

bearing Cr. Revision no. 661 of 2022 and Cr. Revision no. 834

of 2022. After initial stage the private respondent (informant of

the case) appeared upon notice.

During pendency of these Cr. Revisions good sense

prevailed among the parties and instead of contesting this case

they become ready to enter into a negotiation. Vide order dated

26.04.2023, the parties jointly prayed to this Court that the

compounding amount has been settled between the parties and

adjournment may by granted to them so that the settlement

amount may be handed over and a petition for compounding

the cases may be filed.

Today both the parties have filed joint compromise

petition with I.A. No. 01 of 2023. According to the said

compromise they have accepted that a good sense prevailed

among them and they entered into compromise upon

interference of relative and welfare of the respective families,

outside the Court. In lieu of the compromise, the accused Patna High Court CR. REV. No.661 of 2022 dt.05-05-2023

persons are paying Rs. 4,00,000/- (Rupees Four Lac) to O.P.

No.2 as full and final "one time settlement", bearing cheque no.

010065 of Central Bank of India dated 03.05.2023, amounting

Rs. 2,50,000/- and cheque no. 003894 of Union Bank of India

amounting Rs 1,50,000/- dated 03.05.2023, in the Court itself

through their counsels which have been accepted by counsel of

O.P. No. 2.

Parties are ready that none of them will have any

claim against each other in the future.

It is also be accepted that learned respective

advocates appearing on behalf of the petitioner and O.P. have

put their signature on compromise and they have verified that

compromise has taken place between the respective parties.

The provision of compounding of the cases are laid

down under Section 320 of the Code of Criminal Procedure,

1973. Under Section 320(6) of the Code of Criminal Procedure

it is stated that the High Court acting exercise of its power of

Revision under Section 401 of the Indian Penal Code may allow

any person to compound any offence, which such person

competent to compound under this section. Here in the present

case, the conviction has taken place under Section 420 of the

Indian Penal Code which is compoundable in the nature by the Patna High Court CR. REV. No.661 of 2022 dt.05-05-2023

person cheated.

Here in the present case the offence is under

Section 420 and 120(B) of the Indian Penal Code the character

of 120(B) Indian Penal Code is to run according to the main

offence i.e. Section 420 of the Indian Penal Code. The exchange

of cheque took place before the Court. The copy of the cheque is

attached in the compromise petition.

In this view of the matter and power so vested in this

Court by virtue of Section 320(6) of the Code of Criminal

Procedure, this case is hereby disposed off. In the light of

compromise, the Court is hereby removing the stigma of

conviction against the accused persons.

It is made clear that in case the said cheques

bounced back then the O.P. no.2 shall be at liberty to file an

application before this Court and in case of bouncing of cheques

mentioned above, the order passed today shall not operate and

Cr. Revision stands dismissed.

(Dr. Anshuman, J.) Ashishsingh/-

AFR/NAFR                        NAFR
CAV DATE                        NA
Uploading Date
Transmission Date