DINESH MAHTO Vs. STATE OF JHARKHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as also learned counsel for the informant complainant, who has appeared through vakalatnama. This petition has been filed against the Judgement dated 11.09.2007 passed by the learned Additional Judicial Commissioner, Fast Track Court, Khunti, in Criminal Appeal No. 40 of 2007, whereby, appeal filed against the Judgement of conviction and Order of sentence dated 07.02.2007 passed against the petitioner by Shri Satya Prakash, learned S.D.J.M., Khunti in G.R. Case No. 358 of 2004 (T.R. No. 26/07), convicting and sentencing the petitioner for the offence u/s 498A of the Indian Penal Code and Section-4 of the Dowry Prohibition Act, was affirmed by the learned appellate court below and the appeal filed by the petitioner was dismissed.

(2.) LEARNED counsel for the petitioner has submitted that the case has since been compromised in a proceeding u/s 125 of the Cr.P.C. between the parties, wherein it has been stated that the criminal case between the parties relating to its revision was also compromised between the parties. Learned counsel for the petitioner submitted that in view of the compromise between the parties, the petitioner be discharged.

(3.) IN view of the compromise between the parties and placing reliance upon the decision of the Supreme Court of India in B.S.Joshi's case (supra), the Judgement of conviction and Order of sentence dated 07.02.2007 passed against the petitioner by Shri Satya Prakash, learned S.D.J.M., Khunti in G.R. Case No. 358 of 2004 (T.R. No. 26/07), convicting and sentencing the petitioner for the offence u/s 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, as also the Judgement dated 11.09.2007 passed by the learned Additional Judicial Commissioner, Fast Track Court, Khunti, in Criminal Appeal No. 40 of 2007, are hereby, set aside and the petitioner is acquitted of the charge. The petitioner is also discharged from the liabilities of his bail bond. This application along with the interlocutory application, are accordingly, allowed.