Mr. S. Lodh vs Mr. Ratan Datta
2022 Latest Caselaw 1027 Tri

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                       HIGH COURT OF TRIPURA
                         _A_G_A_R_T_A_L_A_
                            Crl. Rev. P. No.68 of 2022
For Petitioner(s)       :   Mr. S. Lodh, Advocate.
For Respondent(s)       :   Mr. Ratan Datta, Public Prosecutor.

Mr. S. Debnath, Addl. P.P.

HON'BLE THE CHIEF JUSTICE (ACTING) _O_ R_ D_ E_ R_ 07/12/2022 Heard Mr. S. Lodh, learned counsel appearing for the petitioner. Also heard Mr. Ratan Datta, learned Public Prosecutor assisted by Mr. S. Debnath, learned Addl. P.P. appearing for the respondents.

This petition has been filed under Section-397 read with Section- 401 of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 01.11.2022 passed by the learned Sessions Judge, Gomati Judicial District, Udaipur in connection with Criminal Appeal No.05 of 2022 affirming the judgment of conviction and sentence dated 31.03.2022 passed by the learned Judicial Magistrate 1st Class, Udaipur, Gomati in case No. PRC. No.122 of 2019, whereby, the learned Judicial Magistrate 1st Class convicted the petitioner for committing offences punishable under Sections-447 and 325 of IPC and sentenced him to suffer rigorous imprisonment for 3 months and to pay a fine of Rs.500/- and in default, suffer SI for 25 days for committing offence punishable under Section-447 of the IPC and further, sentenced him to suffer RI for three years with a fine of Rs.10,000/- with default stipulations.

Today when the matter is called, both the parties were present before the Court along with their respective counsel and they have submitted that the complainant, victim and accused are from same family. The accused is brother-in-law; victim is father of the complainant. Sister of complainant is wife of accused. In view of their relationship and keeping in view the marital life of his sister the matter has been amicably settled between them outside the Court and they do not want to proceed with matter any further. This Court

keeping in view their family bondage has taken a lenient view. The Accused petitioner, namely, Nurul Islam, has undertaken that he shall maintain good and cordial relationship with his in-laws and if he repeats any such torture or assault on any of the in-laws family members, the order of conviction and sentence passed by the learned Judicial Magistrate, First Class, Udaipur, Gomati Tripura in case No. PRC(WP)122 of 2019 will be restored to which he would have no objection. The undertakings which have been given by the accused-petitioner in presence of Mr. Ratan Datta, learned Public Prosecutor, shall form a part of this order.

In view of above submission made by the parties, the present petition stands allowed and disposed of. The order of learned court below, which is under challenge, stands set aside. As a sequel, miscellaneous applications pending, if any, shall stand closed.

CHIEF JUSTICE (ACTING)

A. Ghosh