DILIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) Cr.P.C. is directed against the judgment and order dated 5-6-2004 passed by the Additional Sessions Judge No.1, Chittorgarh (for short, the trial Court hereinafter) in Sessions Case No. 1/2004, whereby the trial Court convicted appellant No.1 Dilip Kumar for the offence under Section 498-A IPC and appellant No.2 Smt. Lali for the offences under Sections 498-A and 324 IPC; however, acquitted both the appellants of the offences under Section 307 and 406 IPC and Section 4 of the Dowry Prohibition Act. Both the appellants were sentenced to three years rigorous imprisonment and a fine of Rs.2000/-, in default of payment of fine further to undergo two months simple imprisonment for the offence under Section 498-A IPC. Appellant No.2 Smt. Lali was also sentenced to two years simple imprisonment and a fine of Rs.2000/-, in default of payment of fine further to undergo two months simple imprisonment for the offence under Section 324 IPC. Aggrieved by the judgment and order impugned, the appellants have filed the instant criminal appeal.

(2.) I have heard learned counsel for the appellants and the Public Prosecutor as also the counsel appearing for the complainant. Complainant PW 11 Smt. Meena W/o appellant No.1 Dilip Kumar appeared before this Court and filed an application for compounding the offences and stated that she has compromised the matter with her husband appellant No.1 Dilip Kumar and mother-in-law appellant No. 2 Smt. Lali. She has further stated that she has taken divorce by mutual consent before the Panchayat of the community and presently she is residing with her father Khayali Lal Soni, who is present in the Court. Khyali Lal Soni, the father of complainant Smt. Meena submitted before this Court that by a customary divorce, the parties have dissolved the marriage and now his daughter complainant Smt. Meena is residing with him.

(3.) Complainant Smt. Meena, in the Court, stated that she has no objection if the appellants are acquitted of the offences and set at liberty, as she has compromised the matter with them.