Allowed

Chando Rai And Ors. v. State of Jharkhand And Anr.

Jharkhand HC13 Apr 2022Cr.Rev./945/2003

Case brief

AI extract

What is this about?

This High Court dismissed the revision application as abated against deceased petitioners but allowed the balance of the application by quashing the conviction and sentence order based on a filed compromise petition and disposed of the compromise petition as accepted.

What did the court decide?

Quashed the conviction and sentence; discharged petitioners from bail bond liability; accepted compromise petition.

Chando Rai And Ors. Vs State of Jharkhand And Anr. — Criminal Trial and Appeal | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 945 of 2003

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Chando Rai

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Kartik Rai

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Mahabir Yadav

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Kartik Yadav

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Kamaldeo Sharma

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Budhu Lal Yadav

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Ratan Yadav

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Shankar Yadav

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Bishun Yadav

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10.Suresh Ram

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..… Petitioners

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Versus

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State of Jharkhand

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Binod Kumar ..... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. A.K. Chaturvedi, Advocate Mr. Amit Kumar Chaubey, Advocate For the State : Mr. Prabeer Chatterjee, Spl.P.P. For the O.P.No.2 : None

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05/13.04.2022 Heard learned counsel for the parties through V.C.

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2. Pursuant to the order dated 10.03.2022, a report has been received wherein it has been stated that Petitioner No.1, 2, 3 and 4 have died. However, rest of the petitioners are alive.

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3. In view of the aforesaid fact, the instant revision application is dismissed as abated against Petitioner No.s 1, 2, 3 and 4.

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4. Mr. Amit Kumar Chaubey, learned counsel for the petitioners submits that a compromise has already been arrived at between the parties and the charges against the petitioners were predominantly civil in nature, inasmuch as, there was a fight on account of selling of land and since the matter relates to a dispute of civil nature, the compromise petition, which has been filed by way of I.A. No. 479 of 2005 may be accepted and the petitioners may be discharged from the liabilities of their bail bonds.

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5. No one appears on behalf of Opposite Party No.2, however, Mr. Prabeer Chatterjee, learned Spl.P.P. is present for the State.

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-2-

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6. From the compromise petition it appears that the parties have settled their dispute due to intervention of their well wishers and now they do not want to pursue the matter further and also they are living peacefully in the same village and now there is no dispute between them of any kind.

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7. In view of the aforesaid compromise petition, which has been filed by way of I.A. No. 479 of 2005, interest of justice would be sufficed by disposing of the instant criminal revision and quashing the impugned judgment, whereby the petitioners were convicted and sentenced. Though the charges are not related to monetary or matrimonial dispute, but since the parties, i.e. the petitioners as well as the Opposite Party No. 2 have compromised, I.A. No. 479 of 2005 is disposed of as accepted.

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8. In view of the aforesaid compromise, the instant criminal revision is disposed of by quashing the Order dated 05.09.2003 passed by the learned 5^th Additional Sessions Judge, Giridih in Criminal Appeal No. 74 of 2003 and the judgment of conviction and order of sentence dated 19.04.2003 passed by learned Judicial Magistrate Ist Class, Giridih in Complaint Case No. 122 of 2001 and T.R.No. 720 of 2003.

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9. The petitioner shall be discharged from the liability of his bail bonds.

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10. Let the copy of this order be communicated to the court below and also to the petitioners through the officer-incharge of the concerned police station.

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

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(Deepak Roshan, J.)

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sm/

Chando Rai And Ors. v. State of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Chando Rai And Ors. v. State of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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