RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Counsel for the parties. The petitioners were tried for offence under Sections 498A and 323, I.P.C. and at the conclusion of trial, they were found guilty of the offence under Section 498A and 323, I.P.C. and were accordingly convicted and were sentenced to undergo simple imprisonment for one year each under Section 498A, I.P.C. and one month's simple imprisonment to each of the petitioners vide judgment and order dated 10th December, 2003 of the Judicial Magistrate, 1st Class, Bharatpur. The petitioners challenged the conviction in appeal before the Court of Sessions, which is pending decision before the Additional Sessions Judge No. 2, Deeg, District Bharatpur. The execution of sentence passed on the petitioners is under suspension.

(2.) AFTER the judgment of conviction was delivered, the parties (husband and wife) have entered into a written compromise. Having entered written compromise, the parties have settled all their disputes and are living peacefully.

(3.) MR . Khandelwal, appearing for the petitioners while relying upon a decision of this Court in Govind and Anr. v. State of Rajasthan, 2002 (2) WLC (Raj) 438, and that of the Apex Court in O.P. Dholakia v. Stale of Haryana and Anr., : (2000)1SCC762 , strenuously contended that taking into consideration the peculiar circumstances of the case at hand, permission can be granted to compound the offence at the appellate stage. In the alternative, learned Counsel submitted that proceedings pending against the petitioners in the Appellate Court may be ordered to be dropped in the light of the decision of this Court in Govind and Anr. v. State of Rajasthan (supra).