The amicable resolution of a matrimonial dispute through compromise and settlement can lead to the setting aside of a judgment of conviction and order of sentence.

JUDGMENT :

NAVNEET KUMAR, J.

1. Heard learned counsel for the appellants and learned counsel for the State as also learned counsel for the informant.

2. The Cr. Appeal (SJ) No. 270 of 2005 along with I.A. No. 1036 of 2018 is separated from the Cr. Appeal (SJ) No. 857 of 2003 along with I.A. No. 1035 of 2018 in hand.

3. This appeal is directed against the Judgment of conviction and order or sentence dated 27.05.2003 passed by learned Addl. Sessions Judge, FTC, Deoghar, in S.C. Case No. 330 of 2001, arising out of Madhupur P.S. Case No. 165 of 2000, corresponding to G.R. No. 440 of 2000 and T.R. No. 889 of 2001, whereby and where under the appellants have been convicted under Section 498-A of IPC and sentenced to undergo rigorous imprisonment for two years and six months and also fined Rs. 1,000/- each and in default of fine, it is further ordered to undergo rigorous imprisonment for three months.

4. Learned counsel for the defence counsel further submitted that a joint compromise petition was vide I.A. No. 1035 of 2018, by which, it has been pointed out that compromise has been taken place between the husband and wife and their family members.

5. Learned counsel Mr. Nivas Roy appearing on behalf of the informant stated that it is true that the compromise has taken place long back in the year 2018.

6. Learned APP has also fairly submitted that it is a matrimonial dispute and both the parties have compromised and settled their dispute amicably and therefore, let this appeal be disposed of in terms of the compromise arrived at between the parties.

7. The informant Hasina Khatoon is personally present before this Court along with her counsel Mr. Nivas Roy and her husband Tabir Ansari is also present along with his counsel Mr. Arvind Kumar Choudhary.

8. It has been jointly submitted by learned counsels of both the parties that compromise petition, earlier filed between the parties vide I.A. No. 1035 of 2018 as both the husband and wife have resolved their dispute amicably and as per the terms and conditions of compromise petition, they have been living peacefully, harmoniously and in cordial atmosphere and there is no grievances between the parties. This Court interacts with the husband-appellant No. 1 and also the informant-wife in presence of their learned counsel and also in presence of learned APP and both the husband and wife have jointly submitted that a male child has been born also out of the wedlock recently in the year 2018 and they have altogether three children and they want to lead happy matrimonial life and the wife Hasina Khatoon categorically stated that she does not want to pursue this case for the present. A child has also born after compromise between husband and wife as disclosed to this Court by both of them.

9. In this view of the matter and taking into consideration that this case is purely a matrimonial dispute and the appellants were convicted for the offence punishable under Section 498-A of the IPC, it is just, fair and reasonable to dispose of this appeal in terms of the compromise and settlement arrived at between the parties and to that effect a joint compromise petition vide I.A. No. 1035 of 2018 has also been filed, which is supported by the affidavit and part of this order.

10. From perusal of the contents of the settlement agreement of compromise petition vide I.A. No. 1035 of 2018, it is found that both the parties have settled their dispute outside the Court and they have been leading happy conjugal life in cordial atmosphere. It has also been pointed out that they have settled their dispute amicably due to the intervention of the well-wishers, family friends and close relatives and both have no grievance from each other. It has also been stated that the appellant husband, mother-in-law, sister-in-law and brother-in-law of the informant-wife Hashina Khatoon and all of them, have settled their dispute and have been leading a peaceful life. It has also been stated that a son was also born out of the wedlock re