Family Dispute Resolved: Bihar Criminal Case Ends in Amicable Settlement

The case of Bipin Kumar & Ors. vs. The State of Bihar & Anr. revolved around a family dispute that escalated into a criminal case. The appellants were convicted under Sections 323, 325, and 341 read with 34 of the IPC in Sessions Trial No. 113/2012 by the Additional Sessions Judge III, Banka, Bihar. The High Court upheld their conviction, leading the appellants to approach the Supreme Court for relief.

Background of the Case

The case stemmed from an altercation within a family, where the appellants were accused of causing hurt and wrongful restraint. The trial court sentenced them to:

• Six months of rigorous imprisonment under Section 323/34 IPC (voluntarily causing hurt).
• Three years of rigorous imprisonment under Section 325/34 IPC (voluntarily causing grievous hurt).
• One month of simple imprisonment under Section 341/34 IPC (wrongful restraint).

Since the sentences were ordered to run concurrently, the appellants faced a maximum imprisonment of three years.

Arguments Presented

Appellants’ Argument

• The appellants contended that the case arose from a personal family dispute that had since been resolved amicably.
• They argued that continued litigation would unnecessarily strain family relations.
• The de facto complainant had also filed an affidavit stating that the dispute had been settled with the intervention of family elders.

Respondent’s Stand

• The State of Bihar initially opposed leniency but later submitted that the matter was primarily a family dispute.
• The State’s counsel stated that they had no objection if the offenses were compounded in the interest of peace within the family.

Supreme Court’s Verdict

The Supreme Court, after hearing both sides, noted:

“Having heard the learned counsel appearing for the contesting parties, we are of the view that it is only in the interest of restoring peace in the family that the offences are compounded. Ordered accordingly.”

The court allowed the parties to settle the matter, leading to the disposal of the appeal.

Legal Significance

This judgment underscores the Supreme Court’s approach toward resolving disputes where the complainant and accused belong to the same family. The Court recognized that prolonged litigation in such cases often leads to further discord. By permitting the parties to compound the offense, the Court prioritized family harmony over punitive measures.

Conclusion

The ruling highlights the importance of reconciliation in cases involving family disputes. The Supreme Court’s intervention in permitting a compromise serves as a precedent for handling similar cases where legal action originates from personal conflicts but is later resolved amicably.

Petitioner Name: Bipin Kumar & Ors..
Respondent Name: The State of Bihar & Anr..
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: Banka, Bihar.
Judgment Date: 13-08-2018.

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