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2011 DIGILAW 363 (MP)

Amir Ali v. State of M. P.

2011-03-18

S.R.WAGHMARE

body2011
JUDGMENT 1. Counsel for the appellant has moved an IA No. 1625/11 for early hearing since the translator version of the Nikahanama in Hindi has now been sent from the Sub-Jail at Khargone by Dy. Superintendent. The application is allowed. Matter is taken up for hearing. 2. On considering IA No. 368/10 which is an application under section 320 (2) of the CrPC to take the compromise on record. 3. To state the facts briefly the accused appellant was convicted for offence under section 376 of the IPE and had come up in the appeal and by this application, during proceedings before this Court it was expressed that complainant Shamin Bano wanted to marry Amir Ali and upon permission from this Court had entered into Nika (marriage) in the jail itself. By this application the Nikahanama is also placed on record and is signed by Quazi Kalimuddin, Shaher Quazi, Khargone that marriage was taken place between Amir Ali and Shamim Bano. According to the compromise the appellant is also willing to look after the children of Shamim Bano. The compromise is, therefore, taken on record and placing my reliance on B.S. Joshi and others v. State of Haryana 2003 (1) MPWN 145 = AIR 2003 SC 1386 whereby the apex Court directed that the powers of the High Court are not limited by section 320 and under section 482 of the CrPC and for offence under sect on 498A of the IPC the criminal proceedings or FIR or complaint can be quashed. The apex Court had also directed that in the matter of matrimonial offences it was the duty of the Court to encourage genuine settlements of matrimonial disputes. 4. Considering the above submission, on record I find that the application needs to be allowed in the interest of justice. It is hereby allowed. 5. The compromise is taken on record and as per the prayer the conviction is set aside and the accused appellant Amir Ali is acquitted from the said offence. The accused is in jail. He shall be set at liberty forth with, if not required in any other offence under intimation in writing to this Court. The appeal is allowed to the extent herein above indicated.