STATE OF H P Vs. SHEKHAR BHATTACHARJI

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 5.8.2002 passed by learned Sessions Judge, Shimla in Criminal Appeal No.8-S/10 of 2000, acquitting the respondent under Section 498-A IPC.

(2.) The further relevant facts are that respondent was prosecuted for offence punishable under Sections 323, 498-A, 506 IPC. PW-7 Smt. Tina Bhattacharji had lodged a complaint Ex.PW-7/A with the police on 26.6.1993 and thereupon formal FIR was registered. On completion of investigation challan under Sections 323, 498-A, 506 IPC was filed against respondent and he was charged accordingly. The respondent did not plead guilty; the prosecution has examined 10 witnesses and has also placed on record some documentary evidence. The statement of respondent was recorded under Section 313 Cr.P.C., he denied the prosecution case, but led no evidence in defence. The learned Chief Judicial Magistrate acquitted the respondent under Sections 323, 506 IPC but convicted and sentenced him under Section 498-A IPC vide judgment dated 15.5.2000. In appeal learned Sessions Judge has acquitted the respondent under Section 498-A IPC, hence State has come in appeal.

(3.) The complainant-injured and respondent have filed joint application being Cr.MP No.585 of 2009 under Sections 482, 320 Cr.P.C. for compounding the case. The respondent and complainant/injured appeared in this court on 25.11.2009 and they were duly identified by learned counsel for the respondent. The complainant and respondent have stated that Cr.MP No.585 of 2009 has been filed by them jointly and they admitted the contents of the said application. In the application, it has been stated that the respondent had filed a petition under Section 13 of the Hindu Marriage Act, 1955 in the Court of learned District Judge, Shimla for dissolution of their marriage.