KISHAN GARKOTI AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present criminal revision is directed against the judgment and order dated 04.01.2005, passed by learned Sessions Judge, Champawat, in criminal appeal no. 04 of 2004, whereby said Court has confirmed the judgment and order dated 29.06.2004 passed by learned Judicial Magistrate, Champawat, in criminal case no. 29 of 2003, convicting the accused-revisionists under Section 498A of IPC and Section 3 / 4 of the Dowry Prohibition Act. The convicts were sentenced to undergo three years' rigorous imprisonment alongwith a fine of Rs. 2000/- each under section 498A of IPC. Convicts were also sentenced to rigorous imprisonment for a period of three years alongwith a fine of Rs. 5,000/- each and rigorous imprisonment for a period of two years alongwith a fine of Rs. 2,000/- each under Sections 3 and 4 of the Dowry Prohibition Act, respectively.

(2.) Consequent upon filing of a charge-sheet, revisionists faced trial for the offences punishable under Section 498A of IPC and Section 3/4 of the Dowry Prohibition Act. Learned trial court convicted and sentenced the revisionists appropriately for the aforesaid offences. Aggrieved against the same, a criminal appeal was preferred before the Sessions Judge, which was dismissed. Still aggrieved against the same, present criminal revision was filed by the convicts.

(3.) An application, being CRMA No. 1115 of 2012, was moved by the revisionists for compounding the offences for which they were convicted and for setting aside the sentence awarded to them. The said application is supported by an affidavit of one of the convicts. It is the statement of learned counsel for the revisionists that the parties have entered into compromise and on the basis of such compromise, the suit instituted by the victim against the present revisionists for return of stree-dhan was decided on 29.09.2008. A copy of the judgment rendered by learned District Judge in O.S. no. 02 of 2006, captioned as Smt. Mamta Garkoti vs Kishan Garkoti and others, on 29.09.2008, is enclosed. In the said original suit, the victim, on having received Rs. 90,000/- agreed to decide the suit on the basis of compromise. Copies of the statements of the victim (estranged wife) and accused Kishan Garkoti (husband) have also been filed in support of the contention that the parties have settled their dispute amicably.