JUDGMENT : Joymalya Bagchi, J. The appeal is directed against judgment and order dated 19th September, 2008 passed by the learned Additional Sessions Judge, Fast Track Court, Amta, Howrah in Sessions Trial Case no. 128 of 2006 convicting the appellant for commission of offence punishable under Sections 498A, 497 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- in default to suffer simple imprisonment for six months more on each count with direction for both sentences to run concurrently. 2. Prosecution case as alleged against the appellant is to the effect that on 27th April, 2001 the appellant was married to Chaina according to Hindu rites and customs. After the marriage, China (P.W. 1) found that the appellant had an illicit relation with Karuna Bag, her sister in law. On 1st April, 2002 in the night Chaina found the appellant in a compromising position with Karuna in the latter's bed room. She raised hue and cry and consequentially she was assaulted. On the next day the appellant and the other accused persons forcibly made her consume rat poison and as a result she was admitted at Amta B.P.H.C and therefrom she was referred to Uluberia S. D. Hospital and admitted there from 2nd April, 2002 to 5th April, 2002. A salish was held on 11th April, 2002 and thereafter she went back to her matrimonial home. Her matrimonial disturbance however continued over the incident and she was driven out of the matrimonial home on 28th April, 2003. She lodged general diary no. 186 dated 4th May, 2003. On 17th June, 2003 she lodged complaint before the learned Judicial Magistrate, Amta which was sent to Amta Police Station for investigation. Pursuant to such direction by learned Magistrate, Amta police station case no. 40/03 dated 8th July, 2003 was registered under Section 498A/307/34 of the Indian Penal Code for investigation against the appellant and other accused persons, being the in laws of the victim. Charge sheet was filed under Sections 498A, 307, 34 of the Indian Penal Code before the learned Additional Chief Judicial Magistrate, Uluberia. The case, being a sessions triable one, was committed to the Court of learned Additional Sessions Judge, Uluberia and transferred to the Court of learned Additional Sessions Judge, Fast Track Court, Amta Howrah for trial and disposal. Charge sheet was filed under Sections 498A, 307, 34 of the Indian Penal Code before the learned Additional Chief Judicial Magistrate, Uluberia. The case, being a sessions triable one, was committed to the Court of learned Additional Sessions Judge, Uluberia and transferred to the Court of learned Additional Sessions Judge, Fast Track Court, Amta Howrah for trial and disposal. Charges were framed against the appellant and other accused persons under Sections 498A, 497, 328, 307, 34 of the Indian Penal Code. In the course of trial, prosecution examined as many as seventeen witnesses. The defence of the appellant and other accused persons is one of innocence and false implication. In conclusion of trial, the trial Court by judgment and order dated 19th September, 2008 convicted the appellant for commission of offence punishable under Sections 498A, 497 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- in default to suffer simple imprisonment for six months more on each count, both the sentences to run concurrently. The appellant however was, acquitted of the other charges levelled against him. The other accused persons were acquitted of all the charges. 3. Mr. Bhowmick, learned counsel appearing for the appellant submitted that in the meantime parties have reconciled their disputes and the matrimonial tie had been dissolved by a decree of divorce on mutual consent. Mr. Chakraborty for the victim (P.W. 1) supported such submission and prayed that the appellant maybe acquitted. 4. Joint petition being CRAN 3577 of 2014 is also filed stating that the parties have amicably resolved their disputes and have compounded the offences. They jointly prayed for acquittal of the appellant. Learned counsel for the appellant submitted that although the offence under Section 498A of the Indian Penal Code is non-compoundable, the Apex Court in B.S. Joshi and others v. State of Haryana and Another, (2003) 1 SCC (Cri) 848 permitted quashing of such proceeding in view of amicable resolution of the matrimonial dispute. Similar view has been in Gian Singh v. State of Punjab and another, (2013) 1 SCC (Cri) 160. He also submitted that the evidence on record was not sufficient to justify the conviction of the appellant. 5. Mr. Similar view has been in Gian Singh v. State of Punjab and another, (2013) 1 SCC (Cri) 160. He also submitted that the evidence on record was not sufficient to justify the conviction of the appellant. 5. Mr. Subir Banerjee, learned Additional Public Prosecutor appearing for the State submitted that although Section 497 of the Indian Penal Code is a compoundable offence Section 498A of the Indian Penal Code is a non-compoundable one. Ratio in B.S. Joshi (supra) applies at pre-conviction stage and cannot help the appellant who has already been convicted on legally admissible evidence. There is sufficient material on record to uphold the conviction and sentence of the appellant. 6. I have considered the materials on record. The offence under Section 497 Indian Penal Code centres round an illicit relation between the appellant and Karuna Bag, the sister in law of the victim. From the evidence on record it appears that the appellant was caught in a compromising position with Karuna Bag. Accordingly, conviction under Section 497 of the Indian Penal Code was recorded. Section 497 is a compoundable offence. The victim (P.W. 1) appears to have compounded such offence as evident from the joint petition. Learned counsel for the victim supports the submission of the appellant in that regard. Section 320(5) empowers the appellate Court to acquit a person convicted of a compoundable offence with the leave of the Court. Accordingly, the parties are given liberty to compound the offence under Section 497 of the Indian Penal Code. The judgment and order of conviction and sentence so far as it relates to Section 497 Indian Penal Code is set aside. The appellant is acquitted of such charge. 7. The offence punishable under Section 498A of the Indian Penal Code is a non-compoundable one. It is true that in view of an amicable resolution of the matrimonial dispute, the proceeding at a pre-conviction stage may be quashed as held in B.S. Joshi (supra). However in the instant case conviction has been recorded on the basis of evidence on record. I find that the prosecution evidence particularly that of P.W. 1 which is supported by medical evidence establishes that P.W. 1 was physically assaulted by the appellant and was admitted in hospital. However, I find that the parties have amicably resolved their disputes and P.W. 1 does not wish the appellant to be convicted and to suffer sentence. I find that the prosecution evidence particularly that of P.W. 1 which is supported by medical evidence establishes that P.W. 1 was physically assaulted by the appellant and was admitted in hospital. However, I find that the parties have amicably resolved their disputes and P.W. 1 does not wish the appellant to be convicted and to suffer sentence. I am of the considered view that the conviction of the appellant which is based on legally admissible evidence cannot be set aside on a subsequent agreement between the parties. Accordingly, the conviction of the appellant under Section 498A Indian Penal Code is upheld. 8. On the issue of sentence, I find that the appellant has already undergone imprisonment for about a month. Parties have amicably resolved their disputes and the victim does not wish to proceed with the matter. Accordingly, the sentence imposed upon the appellant is reduced to imprisonment for the period already undergone and the appellant is directed to pay fine as imposed upon him by the trial Court. Fine if paid, shall be handed over to the victim (P.W. 1) as compensation. 9. In view of the aforesaid discussion, the conviction of the appellant under Section 497 of the Indian Penal Code is set aside. The conviction under Section 498A of the Indian Penal Code is upheld and sentence imposed upon him is reduced to rigorous imprisonment for the period already undergone by him and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for six months more with a direction that the fine, if realised, be paid to the victim P.W. 1 as compensation. The appellant is directed to surrender before the trial Court within a month and pay the fine as directed, failing which the trial Court shall take appropriate steps for realisation of fine and execution of the default sentence in accordance with law. 10. The appeal is allowed to the aforesaid extent. 11. The application being CRAN 3577 of 2014 is disposed of. Copy of the judgment along with the lower court records be sent down to the Court below at once. 12. Photostat certified copy of the order, if applied for, be given to the parties on priority basis.