TARUN KUMAR Vs. STATE OF CHHATISH GARH

JUDGEMENT

(1.) The applicant has filed this revision against the judgment dated 29.6.1999 passed by the Additional Sessions Judge, Dhamtari in Cr. A. No. 2/99 affirming the judgment of conviction and order of sentence dated 6.1.1999 passed in Cri. Case No. 1252/92 whereby the Chief Judicial Magistrate, Dhamtari convicted the applicant under Section 498A of IPC and sentenced to undergo R.I. for 1 year and fine of Rs. 1,000/-. Learned counsel for the applicant placing reliance upon the judgment of the Supreme Court in the matter of B.S. Joshi & others Vs. State of Haryana & others, 2003 4 SCC 675 submits that though in accordance with the provisions of 1. Section 320 of the Cr.P.C. the offence under Section 498A of the IPC are non-compoundable in nature yet the conviction and sentence imposed under this section can be set aside by exercising jurisdiction under Section 482 of the Cr.P.C. Relevant portion of the said judgment is extracted below :-

(2.) Thus, according to the above cited decision of the Supreme Court, it is the duty of the Court to encourage genuine settlements of matrimonial disputes and the provisions of Section 320 of the Cr.P.C. do not limit or affect the powers under Section 482 of the Cr.P.C.

(3.) In the instant case, the applicant and the complainant have jointly filed an application before this Court for compromise. The said application was examined and verified by the Registry. As per report of the Registry, both the parties have voluntarily entered into the compromise without any fear or pressure. Now there is no chance of amicable settlement between the applicant & the complainant for living together and they are, residing separately.