Allowed

Chhatu Mandal Alias Chhathu Mandal v. the State of Jharkhand

Jharkhand HC8 Sept 2020Cr.Rev./13/2020

Case brief

AI extract

What is this about?

In a criminal revision concerning offences under Sections 323, 324, and 326 IPC arising from a land dispute, the High Court allowed the revision and set aside the lower court's judgment. The Court accepted the compromise reached through a panchayati between the parties, who were agnates, noting O.P. 2's consent to drop further prosecution. The petitioner is exempted from surrender.

What did the court decide?

Revision allowed, impugned judgment set aside, petitioner exempted from surrender; IAs No.1004/2020 and No.1812/2020 allowed.

Chhatu Mandal Alias Chhathu Mandal Vs the State… — Criminal Trial and Appeal | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No.1004 of 2020 with I.A. No. 1812 of 2020

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Cr. Revision No. 13 of 2020

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Chhatu Mandal @ Chhathu Mandal … Petitioner Versus

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The State of Jharkhand …..Opp. Party

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner :Mr. R.S. Mazumdar, Sr. Advocate For the State :Mr. Rakesh Ranjan, APP For O.P. No.2 :Mr. S.K. Deo, Advocate ---------

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04/Dated: 08.09.2020

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I.A. No.1004 of 2020

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with I.A. No. 1812 of 2020

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1. The petitioner stands convicted for the offence under Section 323, 324 and 326 of the Indian Penal Code by the learned Sub Divisional Judicial Magistrate, Deoghar, in connection with G.R. No.478 of 2011 (T.R. No.312 of 2019) which has been affirmed by learned Additional Sessions Judge-II, Deoghar, in Criminal Appeal No.53 of 2019.

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2. Learned senior counsel has submitted that perusal of FIR will reveal that the dispute had arisen between the parties due to installation of a hand-pump on the land which was claimed jointly by the parties. It is alleged that the informant with an axe causing injuries on her hand.

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It is submitted that both the parties are agnates and during the pendency of the revision, on intervention of friends and well wishers both the parties agreed to resolve the dispute for which panchayati was held. In the panchayati the parties have arrived at amicable settlement. 3. Mr. S.K. Deo, learned counsel on behalf of O.P. No.2 has not controverted the submission and consented that both the parties are agnates and they have amicably settled the dispute and filed the joint compromise petitioner being I.A. No.1004 of 2020. .

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4. Heard. Considering that both the parties have amicably settled the dispute in the panchayati , as per Annexure-1, and O.P. No.2 does not want to proceed further with prosecution of the case and considering the

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ingredients to constitute the offence under Section 326 of the Indian Penal Code, is not made out as per the injury report. In the attending facts and circumstances, in the interest of justice the compromise is accepted, accordingly the revision is, hereby, allowed and the judgment dated 27.11.2019, passed by learned Additional Sessions Judge-II, Deoghar, in Criminal Appeal No.53 of 2019 is, hereby, set aside in view of the compromise.

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5. In the result the petitioner is exempted from surrendering in the court below in terms of Rule 159 of the High Court of Jharkhand Rules 2001, accordingly I.A. No.1004 of 2020 & I.A. No. 1812 of 2020 stand allowed.

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(AMITAV K. GUPTA, J.)

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Tarun / -

Chhatu Mandal Alias Chhathu Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chhatu Mandal Alias Chhathu Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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