SANJAY ANAND Vs. STATE OF MP.

JUDGEMENT

(1.) PETITIONERS , who are accused in Crime No. 48/99, registered against them under section 498-A IPC and section 3/4 of the Dowry Prohibition Act, have challenged the criminal proceedings and their conviction recorded by the trial Court, i.e., the Judicial Magistrate, First Class, Jabalpur, in Criminal Case No. 1578/01 on 29.5.2003 on the ground that they have compromised the matter with respondent No. 2 Smt. Swapna Anand who was married to petitioner No. 1, viz., Sanjay Anand on 11.12.1996.

(2.) BRIEF facts of the case are that respondent Swapna Anand was married to Sanjay Anand on 11.12.1996 according to Hindu rites. Though initially there was no demand of dowry but after some time the accused persons started demanding Rs. 50,000/- and other articles by way of dowry resultantly the relations between husband and wife became strained. 2. Ultimately, respondent Swapna was constrained to lodge the report with the Mahila Police Jabalpur. On her report a case under section 498-A IPC and section 3/4 of the Dowry Prohibition Act was registered. After investigation, the charge-sheet was filed before the Court of the Judicial Magistrate, First Class, Jabalpur. On the basis of evidence adduced by the prosecution, the petitioners/accused persons were convicted under section 498-A IPC and section 3/4 of the Dowry Prohibition Act. All the accused were sentenced to RI for 2 years with fine of Rs. 100/- each under section 498-A IPC and RI for 1 year with fine of Rs. 100/- under section 3/4 of the Dowry Prohibition Act. Both sentences of imprisonment were directed to run concurrently.

(3.) ACCORDING to the terms of compromise, respondent Swapna has agreed that criminal proceedings against the petitioners be quashed. She has admitted that they have filed a petition before the Family Court, Jabalpur under section 13-B of the Hindu Marriage Act for obtaining a decree for divorce by mutual consent, which is pending as Civil Suit No. 239-A/04. Certified copy of the order-sheet dated 22.7.2005 (Annexure P-4) has also been produced before this Court. As per terms of the compromise, there is now no dispute between the two parties and on decree of mutual divorce being passed, they will be free to marry again with the person whom they like.