Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 487/2018
(Arising out of S.L.P.(Criminal) No.8442/2017)
BITAN SENGUPTA & ANR. APPELLANT(s)
VERSUS
THE STATE OF WEST BENGAL & ANR. RESPONDENT(s)
O R D E R
Leave granted.
2. Heard learned counsel for the parties.
3. The present Special Leave Petition has been preferred
against the impugned judgment/final order dated
12.09.2017 passed by the High Court of Kolkata in
Criminal Revision Petition No.3400/2016.
4. It may be stated at the outset that on a written
complaint from respondent no. 2 herein, Case No. 554 PS
Signature Not Verified
Digitally signed by
ASHWANI KUMAR
Date: 2018.07.19
11:12:22 IST
Reason:
Durgapur was registered under Sections 498A, 406, 506 of
the Indian Penal Code, 1860 (IPC) and Sections 3 & 4 of
the Dowry Prohibition Act,1961 against the appellants. In
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the aforesaid complaint, the allegations against the
appellants are that they demanded dowry from respondent
no.2 and on non-fulfillment of demand, respondent no. 2
was assaulted and tortured by them. After completion of
the investigation, chargesheet was filed in the Court
against the appellants for the aforesaid offences and
charges were framed. The learned Judicial Magistrate vide
order dated 27.06.2014 found the appellants guilty of the
offence under Section 498A of the IPC and directed
appellant no.1 to undergo rigorous imprisonment for 1
year and simple imprisonment for 6 months to appellant
no.2 and acquitted them for the other offences. Being
aggrieved, the appellants filed appeal before the
Sessions Court which was dismissed vide order dated
21.09.2016.
5. It is worthy to mention that during the pendency of
the appeal before the Sessions Court, the appellants and
respondent no. 2 arrived at a compromise and accordingly
Memorandum of Understanding (MOU)dated 22.12.2015 was
executed on the basis of which mutual divorce under
Section 28 of the Special Marriage Act was granted by the
Additional District Judge, Durgapur in Mat. Suit No.
389/2015 on 04.04.2016.
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6. The dismissal of the appeal was challenged by filing
revision application before the High Court. The High
Court vide impugned order dated 12.09.2017 concurred with
the findings of the Sessions Court and dismissed the
revision petition.
7. As per the appellants, the parties have settled
the matter, as they have decided to keep harmony between
them to enable them to live with peace and love. The
compromise records that respondent no.2 have no
grievances whatsoever against the appellants and want
both the appellants to get acquitted from the cases.
Further, both the parties have undertaken not to indulge
in any litigation against each other and withdraw all the
complaints pending between them before the court.
8. In the aforesaid circumstances and going by the
spirit of the law laid down by this Court in the case of
B.S. Joshi & Ors. V. State of Haryana & Anr., we are of
the opinion that the High Court should have accepted the
settlement and compounded the offences. It is, more so,
when the settlement between the parties, who were husband
and wife, was even acted upon as the parties took mutual
divorce on that basis.
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9. We, accordingly, allow this appeal and set aside the
order of conviction passed against the appellants.
. .....................J.
[A.K. SIKRI]
.....................J
[ASHOK BHUSHAN]
NEW DELHI;
MARCH 26, 2018