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2014 DIGILAW 116 (GAU)

Suryya Kanta Nath v. State of Assam

2014-01-29

A.K.GOSWAMI

body2014
JUDGMENT Arup Kumar Goswami, J. 1. Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. M.K. Das, learned counsel appearing for opposite party No. 2 and Mr. K. Munir, learned Additional Public Prosecutor, Assam appearing for opposite party No. 1. This application under Section 401 read with Section397 Code of Criminal Procedure 1873, for short, the Code, is directed against the judgment and order dated 21.09.2010 passed by the learned Sessions Judge, Dhubri in Criminal Appeal No. 4(2)/08 dismissing the appeal and confirming the judgment and order dated 29.04.2008 passed by the learned Judicial Magistrate, 1st Class, Bilasipara, Dhubri in GR (BLP) No. 222/05 convicting the petitioner under Section 498(A) IPC and sentencing him to suffer simple imprisonment for a period of 3 (three) months and to pay a fine of Rs. 1,000/- only and in default, simple imprisonment for a period of 15 (fifteen) days. 2. The petitioner and the opposite party No. 2 had filed a joint petition on 26.03.2013 for compounding the offence under Section 498(A) IPC which is registered as Crl. M.C. No. 213/13. In the said application, supported by affidavit of the petitioner and the opposite party No. 2, it is stated that the parties have amicably settled the disputes and differences between them and a compromise agreement is also annexed. 3. Mr. Choudhury, learned counsel for the petitioner has submitted that subsequent to the filing of the joint petition, the marriage between the parties had been dissolved by a decree of divorce granted on 13.09.2013 and the minor girl child is now residing with the petitioner. 4. It is also submitted by him that as the parties have arrived at a settlement, the impugned judgment may be set aside and the petitioner be acquitted. Reliances is placed on the judgment of this Court in Arun Chandra Bora vs. State of Assam, reported in 2001 (1) GLT 275 and in the case of Samir Ghosh vs. Chinu Das, reported in 2012 (4) GLT 968, wherein this Court had set aside the conviction under Section 498(A) IPC after parties had arrived at an amicable settlement. 5. Mr. Das, learned counsel for the opposite party No. 2 does not dispute the above submission of Mr. Choudhury that in the meantime divorce had been granted and that the minor child is living with the petitioner. 6. He has also endorsed the submission of Mr. 5. Mr. Das, learned counsel for the opposite party No. 2 does not dispute the above submission of Mr. Choudhury that in the meantime divorce had been granted and that the minor child is living with the petitioner. 6. He has also endorsed the submission of Mr. Choudhury by submitting that this Court, in view of the settlement arrived at between the parties, be pleased to set aside the impugned judgments and acquit the petitioner. 7. Mr. K. Munir, learned Additional Public Prosecutor, Assam submits that in view of the stand taken by the parties, the impugned conviction and sentence may be set aside by accepting the joint application registered as Crl. M.C. No. 213/2013. 8. In view of the above submission of the learned counsel for the parties, and having regard to the decisions rendered by this Court in Arun Chandra Bora (Supra) and Samir Ghosh (supra), the judgment and order dated 21.09.2010 passed by the learned Sessions Judge, Dhubri in Criminal Appeal No. 4(2)/08 and the judgment and order dated 29.04.2008 passed by the learned Judicial Magistrate, 1st Class, Bilasipara, Dhubri in GR (BLP) No. 222/05 are set aside and the petitioner is acquitted of the offence under Section 498(A). The petition stands disposed of. Send back the LCR. Disposed off