Allowed

Sarwan Kumar Jha v. State of Jharkhand

Jharkhand HC15 Jun 2022Cr.Rev./785/2006

Case brief

AI extract

What is this about?

This order allows two interlocutory applications for withdrawal of criminal revision appeals. The court quashed the conviction and sentence judgments, relying on a precedent holding that compromise in predominantly civil matrimonial disputes justifies acquittal.

What did the court decide?

Interlocutory applications I.A. No.4906/2022 and I.A. No.4905/2022 allowed; connected conviction and sentence judgments quashed and set aside.

Sarwan Kumar Jha Vs State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No.4906 of 2022

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Cr. Revision No.793 of 2006

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Rajendra Jha & Anr. ….. …. Petitioners Versus The State of Jharkhand ..….. ….Opposite Parties With I.A. No.4905 of 2022 IN Cr. Revision No.785 of 2006

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Sarwan Kumar Jha ….. …. Petitioner Versus The State of Jharkhand ..….. ….Opposite Parties

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners :Mr. J.N. Upadhyay, Adv. For the Opp. Party-State :Mr. Manoj Kumar Mishra, APP For the O.P.No.2 :Mr. S.B. Deo, Adv.

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09/15.06.2022 Learned counsel for the petitioners submits that two interlocutory applications have been filed being I.A. No.4906/2022 in Cr. Revision No.793 of 2006 and I.A. No.4905/2022 in Cr. Revision No.785 of 2006 for withdrawal of these criminal revision applications. He further refers to the paragraph Nos. 6 and 7 of the interlocutory application which reads as under:-

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“6. That petitioners state that during pendency of this criminal miscellaneous application, the O.P.No.2 and her husband-Shrawan Jha have compromised the case and on the basis of compromise the marriage solemnized between Sharwan Jha husband of O.P.No.2 and Riti Jha @ Niti Kumari Jha was dissolved and a decree of divorce by mutual consent was passed vide order dated 29.2.2020 by the Principal Judge, Family Court, Hazaribagh. 7. That petitioners state that petitioners have also been acquitted vide judgment dated 15.06.2019 passed by gthe learned Additional Sessions Judge-III, Hazaribagh in connection with Sessions Trial No.114/2017 and Sessions Trial No.115/2017 on the basis of compromise as O.P.No.2 does not want to proceed with the case further more.”

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2. Learned counsel for the Opposite Parties does not have any objection as on the basis of compromise the complainant does not want to proceed with the case further more.

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3. In view of the aforesaid submission and the averments made in interlocutory applications especially in paragraph Nos. 6 & 7 and also in view of the ratio passed in the case of Rajendra Bhagat Vs. State of Jharkhand & Anr. (in criminal appeal No.2 of 2022 arising out of SLP (Crl.) No.6840 of 2021) wherein the Hon’ble Apex Court has held that when there is private dispute and predominantly civil in nature specifically matrimonial disputes where compromise has already been arrived at between the parties, the convicted person can be acquitted on the basis of compromise; as such both these interlocutory applications being I.A. Nos.4906/2022 and 4905/2022 is allowed.

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4. Accordingly the judgment dated 20.6.2006, passed by the learned Sessions Judge, Hazaribagh in Criminal Appeal No.16/2006 whereby the judgment of conviction and order of sentence dated 17.1.2006 passed by the learned S.D.J.M, Hazaribagh was affirmed, is hereby quashed and set aside. 5. As a result both these revision applications stand disposed of.

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6. Let a copy of this order be communicated to the court below, and to the petitioners through the officer-in-charge of concerned police station.

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7. Let the lower court record be sent to the court concerned forthwith.

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( Deepak Roshan, J.)

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Fahim/-

Sarwan Kumar Jha v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sarwan Kumar Jha v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

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