HITESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the petitioner submits that vide judgment dated 21.3.2016 the learned Appellate Court reversed the judgment of acquittal dated 28.3.2014 passed by the Chief Judicial Magistrate, Bhiwani and convicted the petitioner for the offence under Section 498-A IPC and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-. The petitioner challenged his conviction by filing the present criminal revision petition and during the pendency of the instant revision petition, the matter has been settled/compromised amongst the parties before the Mediation and Conciliation Centre attached to this Court on 23.2.2017 and in view thereof, prayer for compounding has been made by filing CRM No.5544 of 2018 with a prayer to allow the said application and compound/quash the criminal proceeding arising out of FIR No.679 dated 26.12.2008. Reliance is placed on the decision of the Division Bench of this Court in Sube Singh versus State of Haryana, (2014) 2 Crimes(HC) 299. Relevant extract of the decision in Sube Singh's case is reproduced as under:

(2.) Learned AAG, assisted by Mr. Balraj Gujjar, learned counsel for the complainant along with complainant, who is identified by learned counsel for the complainant, confirmed the recording of compromise/settlement in Mediation Case No.1099 of 2016 on 23.2017 besides has produced in Court affidavit dated 1.6.2018 pursuant to the notice on the application for compounding of the offence under Section 498-A IPC alongwith fresh settlement agreement dated 1.6.2018 incorporating the stand of the respective parties of their not having any objection to CRR No.1308 of 2016 being allowed or Petitioner-Husband Hitesh Kumar being acquitted in the above said case by compouding the offence. Paragraph No.6 of the fresh settlement agreement dated 1.6.2018 executed between the parties is reproduced as under:

(3.) A perusal of the settlement/agreement dated 22.2017 read with settlement agreement dated 1.6.2018 shows that the parties have settled the dispute and decided to part ways by getting divorce by mutual consent.