Partly allowed

Ranjan Kumar Paswan Alias Ranjan Paswan v. the State of Jharkhand

Jharkhand HC19 Aug 2021Cr.Rev./611/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed an interlocutory application to add a victim as an opposite party. On merits, the court accepted a compromise petition regarding compoundable offences under the IPC. It quashed the trial and appellate judgments, remanded the criminal proceedings to a Lok Adalat, and directed the accused to pay Rs. 5,000 to the victim.

What did the court decide?

Order dated 28.08.2017 and 13.01.2020 set aside; proceedings remanded to Lok Adalat on 11.09.2021 for payment of Rs. 5,000 compensation; exemption from surrender granted.

Ranjan Kumar Paswan Alias Ranjan Paswan Vs the State… — Cheating and Forgery | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 611 of 2020

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.... Ranjan Kumar Paswan @ Ranjan Paswan .… Petitioner Versus 1. The State of Jharkhand

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Pradeep Paswan .... Opp. Parties

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Kumar Nilesh, Adv. For the State : APP. For the O.P. No.2 : Mr. Sanjay Prasad, Adv.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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08/19.08.2021

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I.A. No.3501 of 2021

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The present interlocutory application has been filed to add the victim-Rita Kumari d/o Tulsi Ravidas Resident of Jogta No.1, Chhotanagari, District-Dhanbad (Jharkhand) Pin-828121 as opposite party No.3.

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I.A. No.3501 of 2021 is allowed.

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Office is directed to make necessary correction in the cause title of the

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revision application.

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I.A. No.6242 of 2020

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The present interlocutory application has been filed by the petitioner for exemption from surrender on the ground that both the parties have compromised the matter and to that effect I.A. No.5642 of 2020 has been filed.

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It has been submitted by learned counsel for the petitioner that the criminal law has been put into motion by lodging the F.I.R. under Sections 509/34 and 504/34 of the Indian Penal Code. After conclusion of the trial, the petitioner has convicted by the trial court under Sections 504/ 509/34 of the IPC and S.I. for six months and one month respectively vide order dated 28.08.20217 by the learned J.M.,1^st Class, Dhanbad Jogta P.S. Case No. 119 of 2008 corresponding to G.R. Case No.3194 of 2008/ Trial Case No.170 of 2017. Against the said order the petitioner has approached the Appellate Court and the appellant court in Criminal Appeal No.176 of 2017 has affirmed the order of the trial court vide judgment dated 13.01.2020 passed by the learned Dist & Addl. Sessions Judge-III, Dhanbad.

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The present revision application has been filed taking plea that the offence under Sections 504 and 509 are compoundable in nature at the instance of the victim. The victim is agreed for compounding the offence accordingly a compromise petition has been filed and the same has been brought on record by filing I.A. No.5642 of 2020.

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It has been submitted that the revisionist is ready to pay the compensation of Rs.5,000/- under Section 357 of the Cr.P.C. which the counsel for the victim agreed.

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In view of submissions of the parties and considering the nature of offence, which is compoundable, the offence is compounded and judgments dated 28.08.2017 and 13.01.2020 are hereby set aside.

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The revisionist is directed to present a Bank draft of Rs.5,000/- drawn in favour of O.P. No.2 the victim, in the ensuing Lok Adalat which is going to be held on 11.09.2021.

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Learned counsel for the victim is directed to instruct the victim to remain physically present in the Lok Adalat to receive the same.

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I.A. No.6242 of 2020 and I.A. No.5642 of 2020 stand disposed of.

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Shahid/

Ranjan Kumar Paswan Alias Ranjan Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Paswan Alias Ranjan Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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