SHIV KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, heard the matter finally along with I.A.No.1/2016 under Section 320 (6) of the Code of Criminal Procedure, 1973 (in short 'the Code') for permission to compound the offence along with the fact that the applicant and complainant PW-1 Smt. Umabai recorded their statement before the Additional Registrar (Judicial) as per order dated 16-02-2016.

(2.) Facts in brief required for adjudication of the instant criminal revision are that the Judicial Magistrate First Class Mahasamund in Criminal Case No.319/2001 vide judgment dated 18-03-2004 convicted the present applicant along with other co-accused Mehattar for the offence under Section 498(A) of the Indian Penal Code, 1860 (in short 'the IPC') and sentenced rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default of payment of fine, to further undergo additional rigorous imprisonment for two months. Against the said judgment, the present applicant and convicted co-accused Mehattar preferred Criminal Appeal No.103/2004. The First Additional Sessions Judge, Mahasamund, C. G. vide judgment dated 14-09-2004 acquitted the convicted co-accused Mehattar from the charges under Section 498(A) of the IPC allowing his appeal and the appeal filed by the present applicant was dismissed affirming the judgment of conviction and sentence passed by the trial Court against him. Against the said judgment of the appellate Court, present applicant preferred the instant criminal revision under Section 397 read with Section 401 of the Code to set aside the impugned order passed by the appellate Court and to acquit the applicant from the offence.

(3.) During pendency of the instant criminal revision, on behalf of the present applicant and complainant Smt. Umabai (PW-1) a joint application under Section 320(6) of the Code has been filed for a prayer to grant permission to compound the offence as both have settled their dispute amicably and further with a prayer to quash the judgment of conviction and sentence passed by the trial Court affirmed by the appellate Court in the above criminal appeal. In order to support contention of the I.A.No.1/2016 the present applicant and complainant Umabai (PW-1) recorded their statement before the Additional Registrar (Judicial) of this High Court wherein the applicant and the complainant/victim aforementioned on oath stated that both are husband and wife and on a report made by the said complainant/victim/wife crime No.80/1998 under Sections 498(A), 323 of the IPC was registered. After investigation, charge sheet was filed before the Chief Judicial Magistrate Mahasamund, C.G. and thereafter, the concerned Judicial Magistrate First Class Mahasamund, C.G. after recording the evidence convicted both the accused including the present applicant under Section 498(A) of the IPC. Thereafter, the present applicant along with other convicted co-accused filed a criminal appeal wherein the criminal appeal filed on behalf of the present applicant was dismissed, and the complainant/victim/wife Smt. Umabai (PW-1) admitted that she entered into a compromise with the applicant; both living separately and peacefully and she entered into compromise without any fear or pressure and she does not want any proceeding against the applicant.