ASHOK KUMAR JAIN Vs. ANSHU JAIN

JUDGEMENT

(1.) As prayed by the learned counsel for the parties, matter is heard finally.

(2.) The facts of the case, in short, are that, the applicants were acquitted from the charge of offence punishable under section 498-A of IPC, vide judgment dated 21.1.2011 passed by the learned JMFC, Budhar in criminal case No.206/2009. The respondent No.1 has preferred a criminal appeal No.59/2011 against the judgment. However, during the pendency of that appeal, it was prayed by the respondent No.1 that she wants to withdraw the appeal because a compromise took place between the parties and the respondent No.1 was residing with her husband. However, the learned Additional Sessions Judge, Shahdol vide judgment dated 10.5.2012 in Criminal appeal No.59/2011, allowed the appeal and convicted the applicants for offence punishable under section 498-A of IPC and sentenced each of the applicants for the jail sentence of till rising the Court with fine of Rs.3,000/-.

(3.) After considering the submissions made by the learned counsel for the parties, it appears that the appeal filed by the respondent No.1 could be withdrawn at any stage and therefore, the learned Additional Sessions Judge, Shahdol has committed an error of law in accepting that application.