AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Miscellaneous Application No. 8877 of 2018 has been filed in CRA-S-579-SB- of 2015 under section 482 of the Code of Criminal Procedure for recalling of order dated 28.11.2017.

(2.) Learned counsel for the applicant/appellant contends that the appellant herein had been convicted and sentenced by Additional Sessions Judge SAS Nagar, Mohali, by order dated 20.1.2015 under Section 498A IPC for a period of 2 years. Against this conviction an appeal was preferred, whereas Jagjeet Kaur the complainant wife also preferred an appeal for enhancement of the sentence i.e. CRA-S-3117-SB of 2015. During the pendency of both the appeals, the parties entered into compromise vide settlement deed 16.08.2017, wherein both decided to live together and withdraw all cases filed against each other. So much so, they even decided to get set aside the divorce granted in favour of Jagjeet Kaur. An application (Crl. Misc. 37234 of 2017) was preferred for withdrawal of CRA-S-579-SBof 2015 Avtar Singh Versus State of Punjab and another on the basis of the compromise. This application was preferred in person, which was allowed, not realizing that withdrawal of the appeal would still uphold the conviction. It is argued that since the matter stands compromised between the parties and they have resolved to withdraw all cases, the order dated 28.11.2017 should be recalled and parties be permitted to place compromise on record. Mr. Lehal submits that it is only ignorance on part of the parties concerned, that an application for withdrawing the case was instituted, whereas an application should have been filed for allowing the appeal and setting aside the conviction order on the basis of the compromise arrived at between the parties.

(3.) I have heard the counsel for the parties and have also perused the orders passed in this case.