SHAMIM AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court - Heard the parties. An F.I.R was lodged by the petitioner's wife -opposite party No. 2 alleging therein that the petitioner being husband committed offence under Section 498 -A of Indian Penal Code. When the petitioner was put on trial, he was convicted under Section 498 -A of Indian Penal Cope. The order of conviction and sentence was challenged before the Appellate Court vide Cr. Appeal No. 57 of 2007, which was dismissed. Consequently, the order of conviction and sentence was affirmed by the Appellate Court. That order has been challenged in this revision application.

(2.) LEARNED counsel further submits that during pendency of this revision application, both, petitioner as well as opposite party No.2, with the help of well -wishers got their disputes settled and thereby they have compromised the case and a joint compromise petition has been filed which can be accepted by this Court even if the offence under Section 498 -A of Indian Penal Code is non -compoundable in view of the ratio laid down by the Hon'ble Supreme Court in a case of B.S. Joshi and others v. State of Haryana and another, 2003 (2) East Cr C 220 (SC) : (2003) 4 SCC 675.

(3.) NO -doubt, it is true that the offence under Section 498 -A of Indian Penal Code is non -compoundable but the Honble Supreme Court in the case of B.S. Joshi and others (supra) was pleased to quash the proceeding in view of the fact that the parties have arrived at settlement amicably. While doing so. Hon'ble Supreme Court has observed as under