Ashok Modi vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Arpit Kumar, learned counsel appearing for the petitioners, Mrs. Anuradha Sahay, learned counsel appearing for the State and Mr. Navneet Toppo, learned counsel appearing for complainant/opposite party no.2.

Learned counsel appearing for the petitioners submits that this criminal revision petition has been filed against the order dated 08.04.2025 passed by the learned Additional Sessions Judge-V, Giridih in Criminal Appeal No.56 of 2017, by which, the learned appellate court has been pleased to dismiss the appeal and affirmed the judgment of conviction and order of sentence dated 29. 05.2017 passed by the learned Judicial Magistrate, 1st Class, Giridih in Complaint Case No.913 of 2009 (T.R. No.101/2017), whereby, the petitioners have been convicted under Section 417 of the Indian Penal Code and he has been sentenced to undergo S.I. for six months and further direction is there that the period already undergone into the custody will be set-off under Section 428 of the Code of Criminal Procedure. He further submits that the complaint case was filed with regard to the land dispute and now a good sense has prevailed between the parties and compromise has taken place and pursuant to that the land has been purchased by the petitioners from opposite party no.2, which has been disclosed in paragraph 10 of the joint compromise petition. He next submits that the joint compromise petition has been filed in the form of I.A. No.11198 of 2025, which has been filed in separate affidavit on behalf of both the sides. He submits that in view of that, this petition may kindly be disposed of.

Learned counsel appearing for the State submits that it appears that the compromise is there between the parties.

Learned counsel appearing for the complainant/opposite party no.2 accepts the said submission of the learned counsel for the petitioner and submits that now compromise has taken place and the said I.A. has been filed on separate affidavit by both the sides. He further submits that the land dispute was there, which has been settled and the petitioners have already purchased the land in question and in view of that, this petition may kindly be disposed of.

In view of the above submissions of the learned counsel for the parties and looking into the contents of the complaint case and the order and judgment passed by the learned Courts, it transpires that the occurrence involved in the case can be categorized as purely personal or having overtones of criminal proceedings of private nature; secondly, the nature of allegation, for which the petitioner has been convicted, does not appear to exhibit their mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest. Further, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute. The aforesaid criteria are satisfied in the present case.

In view of the above and further considering the judgment passed by the Hon’ble Supreme Court in the cases of Gian Singh v. State of Punjab and another, reported in (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and another, reported in (2014) 6 SCC 466, the prayer made in the I.A. No.11198 of 2025, meant for joint compromise, is allowed.

Accordingly, I.A. No.11198 of 2025 is disposed of.

Consequently, the order dated 08.04.2025 passed by the learned Additional Sessions Judge-V, Giridih in Criminal Appeal No.56 of 2017 and the judgment of conviction and order of sentence dated 29.05.2017 passed by the learned Judicial Magistrate, 1st Class, Giridih in Complaint Case No.913 of 2009 (T.R. No.101/2017) are, hereby, set-aside.

In view of the above, the petitioner is exempted from surrender before the learned Court.

Accordingly, I.A. No.11197 of 2025, meant for exemption from surrender, is also disposed of.

This criminal revision petition is, therefore, allowed in above terms and disposed of. Pending I.A., if any, is also disposed of.