Court No. - 41 Case :- CRIMINAL REVISION No. - 2563 of 2001 Petitioner :- Shiva Nath & Others Respondent :- Addl. Session Judge & Others Petitioner Counsel :- Harish Chandra Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Ashok Srivastava,J.
There is an illness slip of Mr.A.K.Yadav one of the learned
counsel for the revisionist but Mr. H.C.Dwivedi the second
learned counsel for the revisionist is present and he is ready
to argue the matter. Mr. Radhey Shyam Dwivedi the learned
counsel for the opposite party Dharam Raj is also present.
I have heard learned counsel for the parties and perused the
records.
Six persons namely Shiva Nath, Shaileshwar, Kamleshwar,
Nandoo @ Nand Lal, Nanhey & Sanjay were found guilty by
7th Addl. C.J.M., Varanasi and were convicted and sentenced
to undergo various terms of imprisonment and were also
directed to pay certain amounts of fine under Section 420
I.P.C. Feeling aggrieved by this judgment dated 16.2.1996
passed by the learned Addl. C.J.M., Varanasi in the criminal
case no.2165, two separate criminal appeals were filed before
the learned Sessions Judge, Varanasi. The appellant Nandoo
@ Nand Lal filed criminal appeal no.32/96 whereas the
appellants Shiva Nath, Saleshwar, Kamleshwar, Nanhey and
Sanjay filed separately the criminal appeal No.31/96. Both
the appeals were transferred to the Court of 10th Addl.
Sessions Judge who dismissed both the appeals after hearing
them on 28.11.2001.
Against the above mentioned judgment of learned Addl.
Sessions Judge, the revisionist Nandoo @ Nand Lal has filed
criminal revision No.2555 of 2001, Shiv Nath, Shaileshwar
& Kamleshwar have filed criminal revision No.2563 of 2001
and Nanhey and Sanjay have filed criminal revision No.2604
of 2001.Since these three criminal appeals are intertwined
they have been heard today together as they were connected
to each other by an earlier order of this Court.
During the pendency of these revisions before this Court it
appears that the complainant of the case and the revisionists
have come to terms and therefore they have filed three
separate compromise applications before this Court alongwith
affidavits in each of the revisions.
From the perusal of Section 320 Cr.P.C. of the Code of
Criminal Procedure it is evident that Section 420 IPC is
compoundable with permission of the Court.
After hearing the learned counsel for both the parties I am of
the view that the parties to the case have come to terms in a
bonafide manner and it shall be in the interest of justice and
the parties that permission be granted to them to compromise.
It should be mentioned here that six revisionists were found
guilty under Section 420 I.P.C. only. It appears necessary that
the compromise deed be got verified by the C.J.M., Varanasi
before disposing of the same finally by this Court.
In the above circumstances it is directed that let clear and
legible photo copies of the compromise applications and
affidavits is sent to the learned C.J.M., Varanasi. Learned
C.J.M., Varanasi is directed to call in his Court all the six
revisionists and the complainant of the case and verify the
compromise. Learned C.J.M. is also directed to satisfy
himself that the compromise is voluntary. Thereafter he shall
submit a report to this Court without delay. He will conclude
the proceedings within a period of 45 days from the date he
receives a certified copy of this order.
Office is directed to place the matter before the Court
immediately after receipt of the report from the learned
C.J.M., Varanasi or on 23.9.2010, whichever is earlier.
Order Date :- 23.7.2010
IA