JHARKHAND HIGH COURT ISSUES ORDER ON GANGA THAKUR V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Nov. 28 -- Jharkhand High Court issued the following order on Oct. 30:

1. Heard learned counsel appearing for the petitioner and learned counsel for the State and O.P. No.2.

2. This petition has been filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside the judgment dated 03.09.2024 passed in Cr. Appeal No. 28/2022 by learned Sessions Judge, Latehar whereby the Appeal preferred by petitioner has been dismissed and the judgment dated 14.06.2022 passed by the learned S.D.J.M., Latehar in connection with G.R. Case No. 321/2015, arising out of Latehar (Mahila) P.S. Case No. 15/2015, T.R. No. 33/2022 has been affirmed, whereby the petitioner has been held guilty for the offence punishable u/s 498A of the I.P.C. and learned Court has sentenced him to undergo S.I. for the period of 02 (Two) years with a fine of Rs.2000/- (Two Thousand) for the offence u/s 498A of the I.P.C. and in default of payment of fine, the petitioner is further directed to undergo S.I. for the period of 15 (fifteen) days.

3. Learned counsel appearing for the petitioner submits that the petitioner and O.P. No.2 are the husband and wife respectively and due to matrimonial dispute, the case has been lodged by the wife, in which, the petitioner has been convicted and it has been affirmed by the learned 1 st Appellate Court.

4. He further submits that now the good sense has been prevailed between the parties and the petitioner and his wife, both are residing together and they have compromised the issues. He further submits that a joint compromise petition in the form of I.A. No.10837 of 2025 has been filed. He further submits that the said I.A. has been affidavited on behalf of the petitioner as well as opposite party No.2 separately. He then submits that the matter is arising out of matrimonial dispute and the compromise has reached and in view of that the sentence passed upon the petitioner may kindly be set-aside.

5. Learned counsel appearing for the State submits that the matter is arising out of matrimonial dispute. He also submits from the Joint compromise petition, it transpires that the compromise has been arrived at between the parties.

6. Learned counsel appearing for the O.P. No.2 accepts the submissions of the learned counsel appearing for the petitioner and submitted that compromise has been arrived at between the petitioner and opposite party No.2 and they are residing together. He also submits that a joint compromise petition has been filed, in which statement has been made that compromise has been arrived at between the parties and they are residing together. He then submits that in view of that, the impugned orders can be set-aside by this Court on the basis of compromise.

7. It is admitted position that opposite party No.2 wife has filed case against the petitioner and the petitioner has been convicted in the aforesaid manner, which has been affirmed by the learned 1st Appellate Court. Now good sense has been prevailed between the parties and a joint compromise petition has been filed in the form of I.A. No.10837 of 2025, wherein the statements made that the petitioner and O.P. No.2 are residing together. However, the matter is arising out of matrimonial dispute and in such dispute, the Court is required to encourage the compromise and further considering the Judgment of Hon'ble Supreme Court in the case of "Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014) 6 SCC 466, and in the case of "Gian Singh Vs. State of Punjab & Anr." reported in (2012) 10 SCC 303, the prayer made in the joint compromise petition is hereby allowed.

8. Consequently, the impugned order dated 03.09.2024 passed in Cr. Appeal No. 28/2022 by learned Sessions Judge, Latehar and the judgment dated 14.06.2022 passed by the learned S.D.J.M., Latehar in connection with G.R. Case No. 321/2015, arising out of Latehar (Mahila) P.S. Case No. 15/2015, T.R. No. 33/2022 are hereby set-aside.

9. The petitioner is exonerated from all liabilities so far as the case in hand is concerned.

10. This petition is allowed and disposed of. Pending I.A. if any also stands disposed of.

Disclaimer: Curated by HT Syndication.