CRIMINAL APPEAL 114/2005 on 24 November 2006

1. Ravi Chandra Dey

2. Ashis Dey

3. Putul Rani Dey

4. Meera @ Meera Bhat

5. Sandhaya Bose @ Sandhaya Rani Bose,

6. Sangam Dey

7. Shaymal @ Shyamlal Dey

All r/o village Kanke, P.S.Kanke, Distt-Ranchi.

…. .. Petitioners.

Versus

1. State of Jharkhand

2. Chhaya Rani Bose, W/o late Budheshwar Bose,r/o Qr.No.SS 475, Housing Complex, Village Ghatotand, P.S.Mandu, Hazaribagh.

…. Opp.Parties.

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

For the Petitioners: Md. Sajid Yunus Waris, Advocate. For the State : APP.

For O.P.No.2 : Mr. S.Piprawall, Advocate.

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13/21.01.2015 This revision is directed against the order dated 24.11.2006 passed by learned Sessions Judge, Hazaribagh in Cr. Appeal no.94/2006 whereby, the order and judgment passed by the S.D.M., Ramgarh in Misc. Case no.114/2005 directing the petitioners to execute a bond of Rs.5,000/- with one surety of like amount for keeping peace for a year under Section 107 Cr.P.C. was upheld.

It transpires that a proceeding under Section 107 Cr.P.C. was initiated on the basis of the application filed by O.P.no.2 in the court of S.D.M., Ramgarh alleging that the petitioners-2[nd] party are giving threats on phone as she has lodged an information with the police regarding the death of her son, Dipak Bose under mysterious circumstance who was married with the daughter of petitioner no.1- Ravi Chandra Dey. That the petitioners along with some unknown criminals had come to the house of O.P.no.2-1[st] party and threatened and pressurised her to return all the ornaments which she had returned in presence of the witnesses.

Learned counsel for the petitioners has submitted that the parties have compromised all the disputes pending between them as well as the cases. In support of the same a supplementary affidavit has also been filed containing the terms of compromise as per Annexure-1 which was entered into between the parties at the Mediation Center, Civil Court, Hazarbagh on 29.08.2012. In the said compromise the parties have agreed to withdraw all the cases which are compoundable in nature pending between them and the application for compromise had been filed in the court of Judicial Magistrate, Hazaribagh which is at Annexure-2 bearing signatures of both the parties.

Shri Sanjay Piprawall, learned counsel appearing on behalf of opposite party no.2 has submitted that both the parties have entered into a compromise and they have amicably settled their dispute as would be evident from the agreement entered between them and the compromise petition hence, the matter be dropped in terms of the compromise.

Considering that the matter is of the year 2006 and the order under Section 107 Cr.P.C. for maintaining peace and good behaviour for one year was passed in the year 2006. No adverse remark has been made by the O.Ps. regarding the conduct of the petitioners. The parties have amicably settled their dispute,hence, in the interest of the parties and to prevent the abuse of process of law and for the ends of justice, the offence is allowed to be compounded and the impugned order dated 24.11.2006 is hereby set aside and petitioners are discharged of the liabilities from executing the bonds.

In the result, the revision is hereby disposed of.

(Amitav K. Gupta, J.)

Biswas.