LAWS(CAL)-2007-7-48

UTTARA GHANTI Vs. STATE OF WEST BENGAL

Decided On July 11, 2007
Uttara Ghanti Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants challenging the judgment of conviction dated 13.7.2005 and order of sentence dated 14.7.2005 passed by the learned Assistant Sessions Judge, Arambagh in Sessions Trial No. 153 of 1996. The learned Assistant Sessions Judge convicted the husband Prasanta Ghanti and other in -laws under Section 498A/34 of the Indian Penal Code and sentenced them to suffer R.I. for two years each and to pay fine of Rs. 500/ - each in default to suffer simple imprisonment for a further period of six months each and also conviction under Section 328/34 of Indian Penal Code and sentencing them to pay a fine of Rs. 1,000/ - each in default to suffer S.I. for one year each.

(2.) MR . Kallol Mondal, the learned Advocate for the appellants submits that after the order of conviction and sentence there was amicable settlement between the husband and wife and in view of such settlement the wife Purnima Ghanti is now residing in her husband's house. As the matter was amicably settled between the parties, the order of conviction and sentence may be set aside. Learned Advocate for the State, Mrs. Krishna Ghosh as well as the learned Advocate for the de facto complainant submit that when the husband and wife arrived at amicable settlement and the wife is now living in matrimonial home for more than one year last, the order of conviction and sentence may be set aside for the ends of justice.

(3.) THEY application being CRAN No. 284 of 2007 is accordingly disposed of in view of the order mentioned above.