Case Note & Summary
The applicant, Fakira Shamrao Sormare, was convicted by the Judicial Magistrate First Class, Jafarabad, in RCC No.73/2004 for the offence punishable under Section 498A of the Indian Penal Code (IPC) and sentenced to simple imprisonment for one year and a fine of Rs.2,000, with a default sentence of one month. He appealed to the Sessions Judge, Jalna, in Criminal Appeal No.63/2006, which was dismissed on 07/04/2007. Aggrieved, he filed the present criminal revision before the Bombay High Court, Aurangabad Bench. During the pendency of the revision, the parties, who are husband and wife, settled the matter out of court. The original complainant (wife) filed a deed of compounding, expressing no desire to pursue the revision and praying for leniency. The court noted that the offence under Section 498A IPC is non-compoundable. However, relying on the Supreme Court's decision in B.S. Joshi v. State of Haryana, AIR 2003 SC 1386, and a previous decision of the same High Court in Bhavika Manoj Sonar v. Manoj Sonar (Cri.Appl.No.1847/2010, decided on 21/06/2010), the court held that in matrimonial disputes, the High Court can accept a compromise and quash proceedings or show leniency even for non-compoundable offences. The court allowed the revision, set aside the conviction and sentence, and acquitted the applicant. The applicant was on bail, and his bail bonds were discharged.
Headnote
A) Criminal Law - Compromise in Non-Compoundable Offence - Section 498A Indian Penal Code, 1860 - Power of High Court to allow revision on settlement - The applicant husband was convicted under Section 498A IPC. During revision, the parties filed a deed of compounding indicating settlement. The court, relying on B.S. Joshi v. State of Haryana, AIR 2003 SC 1386, held that despite the offence being non-compoundable, the High Court can accept the compromise and show leniency. The revision was allowed, and the conviction and sentence were set aside. (Paras 6-8)
Issue of Consideration
Whether a criminal revision against conviction under Section 498A IPC can be allowed on the basis of a compromise between the husband and wife, despite the offence being non-compoundable.
Final Decision
The criminal revision is allowed. The conviction and sentence imposed by the trial court and confirmed by the appellate court are set aside. The applicant is acquitted. His bail bonds are discharged.
Law Points
- Compromise in non-compoundable offence
- Section 498A IPC
- Power of High Court to quash proceedings on settlement
- B.S. Joshi v. State of Haryana
