Shashi Shekhar Prasad Vs the State of Jharkhand and Anr.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1102 of 2015

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Shashi Shekhar Prasad, Son of Shyam Charan Lal, resident of Jhavri Basti, Contractors Area, P.O. & P.S. – Sonari, Town – Jamshedpur, District – East Singhbhum.

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…. Petitioner

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Versus

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The State of Jharkhand 2. Archana Devi .... .... Opp. Parties

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Dilip Kumar Karmakar, Advocate. For the State : A.P.P. For the O.P. No. 2 : Mr. D.K. Prasad, Advocate. Ms. Shobha Gloria Lakra, Amicus .

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ORAL ORDER

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Order No. 10/Dated : 13^th May, 2024

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Heard learned counsel for the parties.

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2. The instant criminal revision is directed against the judgment dated 25.07.2015 passed by learned District & Additional Sessions Judge-IV, Jamshedpur in Cr. Appeal No. 49 of 2009, whereby and whereunder the learned Appellate Court has rejected the appeal and has modified the sentence to the extent that in place of three years rigorous imprisonment under Section 420 of the Indian Penal Code, the petitioner has been sentenced to undergo one year R.I. and in place of fine of Rs. 10,000/-, petitioner has to pay fine of Rs. 20,000/- passed by learned Judicial Magistrate, 1^st Class, Jamshedpur vide judgment dated 23.01.2009 in G.R. No. 1296 of 2006 arising out of Sonari P.S. Case No. 60 of 2006, whereby the petitioner was held guilty for the offence

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under section 420 of the I.P.C. and sentenced to undergo R.I. for three years and also pay fine of Rs. 10,000/- and in default of payment of fine, the petitioner has to undergo S.I. for six months and if the fine is realized, the entire amount will be paid to opposite party no. 2 / informant, since she is handicapped lady by way of compensation under Section 357 of the Cr.P.C.

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3. I.A. No. 2920 of 2024 and I.A. No. 4865 of 2024 have been filed with a prayer to accept the amicable settlement between the parties and also for grant of permission to compound the offence.

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4. Heard both the parties.

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5. It is apparent that there was dispute regarding loan amount of Rs. 15,000/- taken by the petitioner and informant has to provide her shop and the money was not refunded and shop was also not provided. Hence, the case was instituted.

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6. The petitioner was convicted by the trial court, which was upheld by the appellant court and now the matter has been resolved between the parties and money receipt annexed as Annexure-1/1 is also filed assuring the payment of amount taken by the petitioner. It is also stated that cordial relationship between the parties has been restored. Hence, directing the petitioner to undergo imprisonment will not serve ends of justice.

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7 . In view of above both the interlocutory applications are allowed and in view of compromise between the parties, petitioner is permitted to compound the offence, which is compoundable with the permission of the Court.

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8. There is no grievance to the victim of the case and both are conscious ad idem in respect of settlement of their dispute. Therefore, the impugned judgment of conviction and order of sentence is hereby set aside in view of the compromise between the parties. Petitioner is acquitted from the charges levelled against him. Accordingly, the criminal revision is allowed.

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9. Petitioner is on bail, as such, he shall be discharged from the liability of bail bond and sureties shall also be discharged.

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10. Let the copy of this judgment along with trial court record be sent to the concerned court forthwith for information and needful.

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(Pradeep Kumar Srivastava, J.)

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Sunil/-NAFR

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Shashi Shekhar Prasad v. the State of Jharkhand and Anr.

Case brief

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Shashi Shekhar Prasad v. the State of Jharkhand and Anr.

Case brief

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