LAWS(GAU)-2008-6-41

MALAY SAHA Vs. STATE OF TRIPURA

Decided On June 06, 2008
MALAY SAHA Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) A short but an important question of law has been raised in this revision application. The question that is to be answered by this court is whether a prayer for compounding an offence under Section 498-A of the Indian Penal Code can be allowed to be compounded on compromise.

(2.) HEARD Shri R. Dutta, learned counsel for the petitioner and Shri A. Ghosh, learned Addl. Public Prosecutor for the State respondent.

(3.) INITIALLY this revision application was filed under Section 401 read with Section 397 of the Code of Criminal Procedure (briefly 'cr. P. C. ') challenging the concurrent Judgments of the courts below convicting the petitioner under Section 498-A of the Indian Penal Code ('ipc' in short ). It may be noted here that the petitioner was convicted under the aforesaid provision of law vide Judgment and Order dated 6. 3. 2006 passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur in G. R. Case No. 77 of 2004. The said order of conviction was confirmed by the learned Sessions Judge, South Tripura, Udaipur vide Judgment his Judgment dated 26. 02. 2007 passed in Crl. Appeal No. 46 (3) of 2006.