Patna High CourtCR. REV./789/2023allowed

Vicky Bhawal @ Bikki Bhawal v. The State Of Bihar

2024-06-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.789 of 2023 Arising Out of PS. Case No.-7 Year-2013 Thana- PURNEA SADAR District- Purnia ====================================================== VICKY BHAWAL @ BIKKI BHAWAL SON OF KANU BHAWAL RESIDENT OF KAPTAN PARA, KHUSHKIBAGH, P.S. SADAR, DISTRICT- PURNIA ... ... Petitioner/s

Versus

The State of Bihar 2.

Ranjan Kumar Sah son of Kanhaiya Lal Sah R/o- Line Bazar Shiv Mandir Road Ps- K. Hat, Dist- Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Namrta Mishra Mr.Niraj Kumar Mr. A. Anand Mr. Saloni Sinha For the State :

Mr.Sanjay Kumar Singh For the O.P. No. 2 :

Mr. Raj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 as well as learned counsel appearing on behalf of the State.

2. The present application has been filed against the judgment and order of conviction and sentence dated 04.11.2023 passed by the learned Additional Sessions Judge-II, Purnea in Cr. Appeal No. 23 of 2023 by which the learned Additional Sessions Judge-II, Purnea has upheld and confirmed the judgment and order of conviction and sentence dated 22.05.2023 passed by the learned J.M. 1st Class, Purnea in connection with G.R. No. 87/2013 arising out of Sadar P.S. Case No. 07/2013 by which the J.M. 1st Class, Purnea had convicted the petitioner under Section 420 of the Indian Penal Code.

3. The parties have settled their dispute and pursuant

Patna High Court CR. REV. No.789 of 2023(6) dt.27-06-2024 2/2 to that the petitioner has given a demand draft of Rupees Four Lakhs to the opposite party No. 2 which has been accepted by the opposite party No. 2 and both the parties do not want to proceed any further in this case and therefore, it has jointly been prayed that the impugned judgment of conviction by the Judicial Magistrate and the appellate order be set aside.

4. Since the parties have settled their dispute, the judgment and order of conviction and sentence dated 04.11.2023 passed by the learned Additional Sessions Judge-II, Purnea in Cr. Appeal No. 23 of 2023 by which the learned Additional Sessions Judge-II, Purnea has upheld and confirmed the judgment and order of conviction and sentence dated 22.05.2023 passed by the learned J.M. 1st Class, Purnea in connection with G.R. No. 87/2013 arising out of Sadar P.S. Case No. 07/2013 by which the learned J.M. 1st Class, Purnea had convicted the petitioner under Section 420 of the Indian Penal Code are set aside.

5. In view of the above, this application is allowed. (Sandeep Kumar, J) Saif/- U T