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2025 DAILYLAW 2584 (JHR)

MANJU DEVI v. THE STATE OF JHARKHAND

Cr.Rev./308/2025 · 2025-03-24

Sanjay Prasad

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 308 of 2025 Manju Devi, Age about 40 years, W/0 Sanjay Soni, Resident of Village Karkat, PO + PS-Latehar, Dist-Latehar, Jharkhand …… Petitioner Versus 1.The State of Jharkhand 2.Md. Wasam S/o Md. Safique, R/o Village Banpur, PO + PS- Latehar, Dist-Latehar ……. Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Sanjay Kumar Thakur, Advocate For the State : Mr. Shailendra Kr. Tiwari, APP For the O.P. No.2 : Mr. Santosh Kumar Jha, Advocate ----------- 05/Dated:24th March, 2025 I.A. No.2645 of 2025 Learned counsel for the petitioner submitted that even after filing of Joint Compromise Petition vide I.A No.2815 of 2025, the petitioner who is a lady has been taken into custody. 2. Under the circumstances, I.A. No.2645 of 2025 filed for exemption from surrendering before the learned Court below has become infructuous. 3. Thus, I.A. No.2645 of 2025 stands disposed of as having become infructuous. Cr. Revision No.308 of 2025 4. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 29.11.2024 passed by Sri Manoj Kumar Singh, learned Sessions Judge, Latehar in Cr. Appeal No.01 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 11.12.2023 passed by Sri Mithilesh Kumar, learned Sub Divisional Judicial Magistrate, Latehar in Complaint Case 2 No.40 of 2022, corresponding to T.R. No.71 of 2023 by which the petitioner has been convicted for the offence under Section 138 of the N.I. Act and sentenced to S.I. for one year and to pay compensation of Rs.7,50,000/- to the O.P. No.2. 5. Learned counsel for the petitioner has submitted that the case has been compromised and the petitioner and O.P. No.2 has filed I.A. No.2815 of 2025 and has paid the entire amount to the O.P. No.2 and the O.P. No.2 has received the entire amount of Rs.7,50,000/- and hence the petitioner may be acquitted. 6. On the other hand, learned counsel for the O.P. No.2 has also not opposed the submission of the learned counsel for the petitioner and submitted that O.P. No.2 has received the entire amount from the petitoiner. 7. I.A. No.2815 of 2025 has been filed by the petitioner and the O.P. No.2 by way of Joint Compromise Petition. 8. Paragraph No.2, 3, 4, 5 and 6 of the I.A. No.2815 of 2025 read as follows:- Para-2:- That, it is humbly stated and submit by the Petitioner and Opposite Party No.2 that with the intervention of well-wisher and common friend of both the Party, both the Party enter into an amicable solution out side the court. Para-3:- That, it is humbly stated and submit by the Petitioner and Opposite Party Number-2 that Opposite Party No.-2 received the Compromise amount from the Petitioner. Para-4:- That, it is humbly state and submit by the Petitioner and Opposite Party No.2 that there is no amount left and all amount received by the Opposite Party No.2 from the Petitioner. Para-5:- That, this application is Bonafide and in the interest of Justice. Para-6:- That, in the fact and circumstance this Hon’ble Court be pleased to allow both petitioner and Opposite Party No.2 to enter into an compromise.” 9. It appears that the case has been compromised between the petitioner and the O.P. No.2. 3 10. It also appears from the records that the entire amount has been received by the O.P. No.2 from the petitioner. 11. Accordingly, the judgment dated 29.11.2024 passed by learned Sessions Judge, Latehar in Cr. Appeal No.01 of 2024 and the judgment of conviction and order of sentence dated 11.12.2023 passed by learned Sub Divisional Judicial Magistrate, Latehar in Complaint Case No.40 of 2022, corresponding to T.R. No.71 of 2023 are hereby set aside and the petitioner is acquitted for the offence under section 138 of the N.I. Act and set at free. 12. Thus, Cr. Revision No.308 of 2025 is allowed. 13. The Jail Authority is directed to release the petitioner forthwith. (Sanjay Prasad, J.) Saket/-