- (1.) I. A. (Crl. ) No. 2284 of 2010 1. An I. A. bearing I. A. (Crl. ) No. 2284 of 2010 had been filed, wherein, prayer has been made to exempt the petitioner from filing surrender certificate for entertaining this revision application. When that application was pressed this Court vide order dated 1.10.2010 referred the, matter to the Division Bench for settling the following issue:-- Whether when both the parties have compromised their case outside the Court and file a joint compromise petition for compound (sic--ing?) 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?
(2.) The said issue was decided by the Division Bench of this Court in the following terms:-- However, in view of the aforesaid judgments passed by the Supreme Court, we are of the considered view that if a petition under Section 482 Cr. P. C. is filed in the Revision Application, by the persons convicted for the offences under Sections 498-A/34/323/ 406 IPC and Sections 3/4 of the Dowry Prohibition Act for exemption from surrendering on the basis of the settlement between the parties, one way or the other, before or after conviction, such petition can be posted before learned Single Judge and Section 320 Cr. P. C. or Rule 159 of the J. H. C. Rules will not create bar for the learned Single Judge in exercising the inherent powers under Section 482 Cr. P. C. in exempting the petitioners from surrendering in the trial court, for entertaining or passing other orders as the court may think fit and proper.
(3.) Here in the instant case as has been stated on behalf of the parties that after the petitioners were convicted and sentenced, the judgment of conviction and order of sentence was challenged before the appellate court who affirmed the order of conviction and sentence. Then this revision application was filed and during pendency of the revision application the parties settled their disputes amicably, whereby, a joint compromise petition has been filed and under this situation the petitioners are exempted from filing surrender certificate.;