Calcutta High Court Uttara Ghanti And Ors.-vs-State Of West Bengal on 11 June, 2007
Equivalent citations:2007 (4) CHN 459
Author: P Sinha
Bench: P Sinha
P.N. Sinha, J.
1. This appeal has been preferred by the appellants challenging the judgment of conviction dated 13.7.2005 and order of sentence dated 14.7.2005 passed by the learned Assistant Sessions Judge, Arambagh in Sessions Trial No. 153 of 1996. The learned Assistant Sessions Judge convicted the husband Prasanta Ghanti and other in-laws under Section 498A/34 of the Indian Penal Code and sentenced them to suffer R.I. for two years each and to pay fine of Rs. 500/- each in default to suffer simple imprisonment for a further period of six months each and also conviction under Section 328/34 of Indian Penal Code and sentencing them to pay a fine of Rs. 1,000/- each in default to suffer S.I. for one year each.
2. Mr. Kallol Mondal, the learned Advocate for the appellants submits that after the order of conviction and sentence there was amicable settlement between the husband and wife and in view of such settlement the wife Purnima Ghanti is now residing in her husband’s house. As the matter was amicably settled between the parties, the order of conviction and sentence may be set aside. Learned Advocate for the State, Mrs. Krishna Ghosh as well as the learned Advocate for the de facto complainant submit that when the husband and wife arrived at amicable settlement and the wife is now living in matrimonial home for more than one year last, the order of conviction and sentence may be set aside for the ends of justice.
3. Considered the submissions made by the learned Advocate for the respective parties and also perused the joint application filed in Court which has been signed by the victim-cum-de facto complainant Purnima Ghanti and all the appellants. Paragraph 12 of the said application reveals after the order of the learned Assistant Sessions Judge there was amicable settlement between the parties and the victim Purnima Ghanti is living in her matrimonial home with appellant No. 3 as husband and wife. Paragraph 13 reveals that as the husband and wife are living peacefully in the matrimonial home, the de facto complainant does not wish to proceed further with the case and prays for setting aside the order of conviction and sentence allowing the appeal. When the matter has been amicably settled between the husband and wife I am of opinion that this Court should interfere into the matter placing reliance on the decision of the Hon’ble Stipreme Court in B.S. Joshi v. State of Haryana . The Hon’ble Supreme
Court in that decision observed that the Court should encourage genuine settlement in matrimonial disputes. Accordingly, in this matter when I find that the victim i.e. the de facto complainant/wife is staying in her husband’s house for the last one year and six months this is a fit case where this Court in exercise of its inherent powers under Section 482 of the Code and considering the peculiar facts and circumstances of the case can set aside the order of conviction and sentence. Accordingly, the appeal is allowed and the order of conviction passed by the learned Assistant Sessions Judge is set aside. The appellants are hereby discharged from their bail bonds.
4. They application being CRAN No. 284 of 2007 is accordingly disposed of in view of the order mentioned above.
5. Criminal Department; is directed to forward a copy of this order along with the Lower Court Records to the learned Assistant Sessions Judge, Arambagh for information and necessary action.
6. Criminal Section is to supply certified copy of this order to the parties, if applied for.