M.R. Pathak, J.

1. Heard Mr. R. Islam, learned counsel for the petitioner and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing on behalf of State respondent No. 1. Being aggrieved with the judgment & order dated 16.12.2013 passed by learned Sessions Judge, Nalbari dismissing the Criminal Appeal No. 15/2009 preferred by the petitioner and affirming the judgment and order of conviction dated 31.03.2009 passed by learned Additional Chief Judicial Magistrate, Nalbari in CR Case No. 631C/2006 that was lodged by the respondent No. 2; wherein the petitioner was convicted under Section 498A of the IPC and sentenced him to undergo Simple Imprisonment for 6 (six) months and pay fine of Rs. 2,000/-, in default Simple Imprisonment for another period of 2 (two) months, the petitioner has filed this petition under Section 397 & 401 read with Section 482 Cr.P.C. challenging the same and praying to set aside and quash those judgments & order of conviction and punishment imposed upon him.

2. On 23.07.2014 the petitioner filed an affidavit in this petition stating that he and the respondent No. 2 have amicably resolved their dispute outside the Court during pendency of this matter and both of them have entered into a compromise on 28.05.2014 in presence of the officials & public of Ghoga Gaon Panchayat with regard to pending cases between them namely, T.S. (D) 27/2014, CR Case No. 631C/2006, Maintenance Case No. 142/2007 and this Criminal Revision Petition and for such compromise the respondent No. 2 has already received an amount of Rs. 2,80,000/- as one time maintenance and litigation cost from the petitioner. In the said affidavit it has also been stated that after their compromise on 28.05.2014 an affidavit was executed by them on 29.05.2014 wherein both of them they unequivocally declared that they have mutually divorced each other in presence of witness by resorting to mobarak talaq.

3. Both, the petitioner, Md. Masar Ali and the respondent No. 2, Samsun Nahar are personally present before this Court today and have submitted that they have resolved their disputes outside the Court by a compromise during pendency of this petition and have no ill will/bitterness against each other. The respondent No. 2 specifically submitted that as on date, she does not have any grievances against the petitioner and she acknowledged about the receipt of the amount of Rs. 2,80,000/- towards one time maintenance and litigation cost from the petitioner, Md. Masar Ali. The respondent No. 2 through Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam has further stated that as the matter has been compromised now, she does not have any objection if the conviction & punishment imposed upon the petitioner in the complaint case being CR Case No. 631C/2006 filed by her is now quashed and set aside.

4. In the present case, the respondent No. 2, wife of the petitioner lodged a complaint petition before the learned Chief Judicial Magistrate, Nalbari, Assam being CR Case No. 631C/2006 which was registered under Sections 498A/406 of the IPC and after the trial, learned Additional Chief Judicial Magistrate, Nalbari found the petitioner guilty under Section 498A IPC and accordingly convicted him under the said Section and imposed punishment, which was affirmed by learned Sessions Judge, Nalbari in Criminal Appeal No. 15/2009 that was preferred by the petitioner herein.

Section 498A of the IPC is a non-compoundable offence and though the petitioner and the respondent No. 2 has now compromised their disputes with regard to the complaint of the respondent No. 2 against the petitioner during the pendency of this petition, the question now arose for consideration before the Court is - as to whether the complaint of the respondent No. 2 and the guilt of accused petitioner under Section 498A IPC, being a non-compoundable offence, which was affirmed in appeal, can be set aside & quashed in a petition under Section 482 Cr.P.C. on a compromise during pen