MASAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Islam, learned counsel for the petitioner and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing on behalf of State respondent No. 1. Being aggrieved with the judgment & order dated 16.12.2013 passed by learned Sessions Judge, Nalbari dismissing the Criminal Appeal No. 15/2009 preferred by the petitioner and affirming the judgment and order of conviction dated 31.03.2009 passed by learned Additional Chief Judicial Magistrate, Nalbari in CR Case No. 631C/2006 that was lodged by the respondent No. 2; wherein the petitioner was convicted under Section 498A of the IPC and sentenced him to undergo Simple Imprisonment for 6 (six) months and pay fine of Rs. 2,000/-, in default Simple Imprisonment for another period of 2 (two) months, the petitioner has filed this petition under Section 397 & 401 read with Section 482 Cr.P.C. challenging the same and praying to set aside and quash those judgments & order of conviction and punishment imposed upon him.

(2.) On 23.07.2014 the petitioner filed an affidavit in this petition stating that he and the respondent No. 2 have amicably resolved their dispute outside the Court during pendency of this matter and both of them have entered into a compromise on 28.05.2014 in presence of the officials & public of Ghoga Gaon Panchayat with regard to pending cases between them namely, T.S. (D) 27/2014, CR Case No. 631C/2006, Maintenance Case No. 142/2007 and this Criminal Revision Petition and for such compromise the respondent No. 2 has already received an amount of Rs. 2,80,000/- as one time maintenance and litigation cost from the petitioner. In the said affidavit it has also been stated that after their compromise on 28.05.2014 an affidavit was executed by them on 29.05.2014 wherein both of them they unequivocally declared that they have mutually divorced each other in presence of witness by resorting to mobarak talaq.

(3.) Both, the petitioner, Md. Masar Ali and the respondent No. 2, Samsun Nahar are personally present before this Court today and have submitted that they have resolved their disputes outside the Court by a compromise during pendency of this petition and have no ill will/bitterness against each other. The respondent No. 2 specifically submitted that as on date, she does not have any grievances against the petitioner and she acknowledged about the receipt of the amount of Rs. 2,80,000/- towards one time maintenance and litigation cost from the petitioner, Md. Masar Ali. The respondent No. 2 through Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam has further stated that as the matter has been compromised now, she does not have any objection if the conviction & punishment imposed upon the petitioner in the complaint case being CR Case No. 631C/2006 filed by her is now quashed and set aside.