High Court of Jharkhand dismissed a criminal revision against a Sessions Court acquittal by disposing of the revision application following a joint compromise petition filed by the parties, holding that the dispute was private and did not involve the public at large.
Revision application disposed of based on the parties' mutuality and compromise.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 308 of 2004
With
I.A. No. 3200 of 2022
Bala Devi ..… Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
--------For the Petitioner : Mr. P.K.Mukhopadhyay, Advocate For the State : Mr. P.Chatterjee, Spl.PP For the O.P. Nos. 2 to 4 : Mr. P.C.Jha, Advocate
09/Dated: 21st April, 2022
Heard learned counsel for the parties.
2. This revision application is directed against the judgment dated 24.01.2004 passed by learned Additional Sessions Judge, Fast Track Court No-III, Bokaro, in Sessions Trial No. 242 of 1985; whereby the accused persons have been acquitted from the charges framed in Sessions Trial No. 242 of 1985.
3. Mr. P.K.Mukhopadhyay, learned counsel appearing for
the petitioner draws attention of this court towards the interlocutory application which has been filed in the form of joint compromise petition between the parties. He further submits that both parties have arrived in an amicable settlement, as such the case may be dropped against the petitioner by quashing the impugned judgment.
4. Mr. P.C. Jha, learned counsel appearing for O.P. Nos. 2 to 4 fairly admits about the factum of compromise. He further submits that even the opposite parties do not want to continue the litigation.
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5. In view of the aforesaid compromise entered into by and between the parties the factum of which has been incorporated in the interlocutory application is, hereby, accepted by this Court since this is a private dispute and does not involve public at large.
6. Consequently, I.A. No. 3200 of 2022 is, hereby, allowed.
7. Mr. Prabir Chatterjee, learned counsel for the State submits that in view of the interlocutory application the case may be disposed of.
8. Having regard to the facts of the case and submission of learned counsel for the parties and the interlocutory application which has been filed in the form of joint compromise petition, it appears that the parties have compromised and since the matter is between the parties only and does not involve public at large, as such the instant revision application, is, hereby disposed of.
9. Let a copy of this order be communicated to the courts below and also to the petitioner as well as opposite parties through the officer-in-charge of concerned police station.
10. Let the lower court record be sent to the court concerned forthwith.
(Deepak Roshan, J.)
Amardeep/
2 issues framed by the court
Whether a revision application against an acquittal should be disposed of when a compromise between the parties is established.
Whether the discharge of the accused is maintainable upon a finding that the matter is a private dispute involving no public interest.
Bala Devi
The State of Jharkhand
Ram Prasad Mahto
Doman Mahto @ Dev Nandan Mahto
Ram Kunwar Mahto
Deepak Roshan
As recorded by the court registry
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