SURYYA KANTA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. M.K. Das, learned counsel appearing for opposite party No. 2 and Mr. K. Munir, learned Additional Public Prosecutor, Assam appearing for opposite party No. 1. This application under Section 401 read with Section 397 Code of Criminal Procedure 1873, for short, the Code, is directed against the judgment and order dated 21.09.2010 passed by the learned Sessions Judge, Dhubri in Criminal Appeal No. 4(2)/08 dismissing the appeal and confirming the judgment and order dated 29.04.2008 passed by the learned Judicial Magistrate, 1st Class, Bilasipara, Dhubri in GR (BLP) No. 222/05 convicting the petitioner under Section 498(A) IPC and sentencing him to suffer simple imprisonment for a period of 3 (three) months and to pay a fine of Rs. 1,000/- only and in default, simple imprisonment for a period of 15 (fifteen) days.

(2.) The petitioner and the opposite party No. 2 had filed a joint petition on 26.03.2013 for compounding the offence under Section 498(A) IPC which is registered as Crl. M.C. No. 213/13. In the said application, supported by affidavit of the petitioner and the opposite party No. 2, it is stated that the parties have amicably settled the disputes and differences between them and a compromise agreement is also annexed.

(3.) Mr. Choudhury, learned counsel for the petitioner has submitted that subsequent to the filing of the joint petition, the marriage between the parties had been dissolved by a decree of divorce granted on 13.09.2013 and the minor girl child is now residing with the petitioner.