- (1.) As prayed, Mr. Sinha is permitted to label this LA. tinder Section 482, Cr. P.C. and delete the name of petitioner No. 3-Mali Devi who is said to have died during the pendency of this revision application.
(2.) This LA. has been filed under Section 482, Cr. P.C. for exempting the petitioners from surrendering in the Trial Court, for entertaining this Criminal Revision Application. On such prayer, by order dated 1.10.2010, the learned Single Judge has referred the matter to the Division Bench for settling the following issues. "Whether when both the parties have compromised their case outside the Court and file a joint compromise petition for compound the offence under Section 320, Cr. P.C., in the revision application so filed by the petitioners, the said revision application can be posted for admission without surrender by the petitioners in the Trial Court in view of the aforesaid Rule 159 of the Jharkhand High Court Rules
(3.) Mr. Indrajeet Sinha, learned Counsel appearing for the petitioners, submitted that after the petitioners were convicted for the offences under Section 498-A, IPC by the Trial Court and the Appellate Court, the complainant/O.P. No. 2-wife and the petitioner No. 1- husband settled their disputes on the terms and conditions stipulated in the joint compromise petition filed by the parties in. this criminal revision application being LA. No. 2232/10. He further submitted that it is true that vires of Rule 159 of the Jharkhand High Court Rules (JHC Rules for short) stand affirmed by this Court in the case , (jhr), Mahadeo Prasad Shrivastava v. High Court of Jharkhand,2005 1 JCR 394 Ranchi, but even then, in exercise of inherent powers under Section 482, Cr. P.C., this Court, can exempt the petitioners from surrenderin, for entertaining this Revision Application. He relied on certain judgments/orders.;