The relevance of compromise in deciding the quantum of sentence for offences related to matrimonial discord.

ORDER :

1. The petitioner who was married with Arzu Parween on 20th December 2003 has been prosecuted in G.R. Case No. 4120 of 2004 along with 12 others.

2. In T.R. No. 629 of 2011 corresponding to G.R. Case No. 4120 of 2004, the petitioner has been convicted and sentenced to RI for two years with fine of Rs. 5000/- under section 498-A of the Indian Penal Code with a default stipulation to undergo further imprisonment for three months.

3. In T.R. No. 629 of 2011, the learned trial Judge has convicted the petitioner as under:

“13. In this case FIR has been instituted by the father of the victim girl PW-1, and in the first information report itself 13 persons have been arrayed as the accused in this case in which apart from the husband, father-in-law, mother in law, several others relatives including grandmother-in-law have been made accused. In page-3 of the complaint petition a general allegation has been levelled against the other accused except the husband regarding torture. It is pertinent to mention here that in the entire complaint petition as well as in the evidence of PW-1 and PW-4, there is no allegation that except the husband, other in-laws relatives have ever raised any demand or ever demanded the cash amount from the victim girl. The allegation regarding the demand has been levelled against the husband accused No. 1 and not against any other accused. In a case u/s 498A IPC recently a general tendency has developed to rope up the entire family. Hon’ble Apex Court of India in Priti Verma case has cautioned the trial courts to remain careful in dealing with the cases of dowry demand and to scrutinize the evidences keeping in mind this general tendency. In the instant case from perusal of the evidences adduced on behalf of the prosecution it clearly transpires that except the husband there is no evidence against other accused persons regarding any unlawful demand.

Further regarding harassment and cruelty also sweeping allegation has been made against the other accused persons. In the matrimonial life of a victim girl, the husband holds the moral responsibility to protect her wife in all circumstances and if the husband fails or he himself raises the demand and torture her wife for such demand, he holds himself liable for the offence u/s 498A IPC.

14. Considering the fact and circumstances of the case and discussion made above I hereby found that so far accused No. 2 to accused No. 13 are concerned, the prosecution has failed to prove both the charges against them and accordingly they are hereby acquitted from the charges levelled against them and they are also discharged from the liabilities of their respective bail bonds. So far accused No. 1 the husband is concerned I find that although the prosecution has failed to prove the charge u/s 3 and 4 of Dowry Prohibition Act against him but so far charge u/s 498(A) IPC is concerned, I find and hold that the same has been proved against the accused No. 1 Sajjad Khan beyond all reasonable doubts. Accordingly, I hold him guilty for the offence u/s 498(A) IPC. The bail bond of the accused No. 1 Sajjad Khan is hereby cancelled and he is taken into custody.

On the point of sentence

.......Considering the fact and circumstance of this case I hereby sentenced the convict namely Md. Sajjad Khan to undergo Rigorous imprisonment for 2 (two) years u/s 498(A) IPC, I further impose a fine of Rs. 5000/- on the convict, in case of default the convict shall undergo imprisonment for 3 months.”

4. Briefly stated, marriage of the petitioner was solemnized with Arzu Parween on 20th December 2003 as per the Muslim customs and tradition. The informant who is the father of Arzu Parween made a written complaint alleging that after the marriage the petitioner and his family members started demanding one tape recorder and rupees one lakh for the petitioner to start a new business. The informant gave Rs. 5000/- and Rs. 10,000/- in March 2004 and September 2004 respectively and expressed his inability to give