RAVI SHANKAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The solitary question, which falls for determination in the instant revision application, is as to whether the petitioner, who has been convicted under Sec. 420 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine with default clause and the affirmation of the said judgment of conviction by the appellate court, can be allowed to be compounded under Sec. 320 of the Code of Criminal Procedure (hereinafter referred to as "the Code")

(2.) The details of the facts is not required to be reproduced herein rather a brief statement of fact would suffice the matter. At the instance of the complainant Raj Kishore Singh, C.P. Case no. 309 of 2005 was instituted for the offence under Sec. 420 of I.P.C. on the allegation that his son Santosh Kumar was getting computer training in the Computer Center of this petitioner Ravi Shankar Thakur. The petitioner lured him to deposit Rs. 79000.00 in the account of one Manish Kumar Tiwari on the pretext that he will provide job to his son with Indian Railways. It is alleged that he deposited the amount of Rs. 79,000.00 as required but both the accused persons i.e. the present petitioner and Manish Kumar Tiwari misappropriated the entire amount and when the complainant demanded the money back, he was threatened of dire consequence.

(3.) It appears from the record that the court of Judicial Magistrate after examining the complainant and other witnesses took cognizance of the offence. After framing of charge, the witnesses were examined and finally the court of learned Judicial Magistrate convicted the petitioner for the offence punishable under Sec. 420 of the I.P.C. as indicated above. On an appeal filed by the petitioner, the judgment of conviction and order of sentence was affirmed by the learned Sessions Judge, Dhanbad where after the petitioner preferred this revision. During pendency of this revision application, an interlocutory application bearing no. 3430 of 2015 was filed, which is obviously a joint compromise petition filed by the informant-opposite party, who had suo moto appeared in this revision application with a prayer that now the parties have settled their dispute with the intervention of the well-wishers and relatives and the informant has now no grievance against the petitioner and cordial relationship has been restored between them. It is also stated that they have settled their disputes amicably without any coercion and threaten and the statement has been made by both the parties on two different affidavits.