ORDER

1. This criminal revision under section 397/401 of the Code of Criminal Procedure has been preferred by the applicant against the judgment of conviction and order of sentence dated 17.7.2019 passed in Criminal Appeal No.76/2018 whereby the Additional Sessions Judge, Chhindwara has convicted the appilcant under section 498 A of IPC and sentenced him to undergo R.I. for 6 months with fine of Rs.10,000/- with default stipulations.

2. As per prosecution story, the marriage between the complainant and applicant/accused was solemnized on 18.4.2012. On 21.10.2013, the Police Chowki, Dharam Tekri received a message that complainant had consumed some poisonous substance and had been admitted to Hospital. The Naib Tahsildar recorded the statement of complainant wherein she stated that applicant was making demand of dowry of Rs.22 lacs and harassing her on acocunt of not satisfying the same. Thereupon, the Police registered Crime No.1189/2012 for offences under sections 498A of IPC and 3/4 of Dowry Prohibition Act. After completetion of investigation, charge-sheet under section 498A of IPC has been filed in the competent Court. The applicant abjured his guilt and pleaded trial.

3. The trial Court vide judgment of conviction dated 29.6.2018 passed in RCT

No.3569/2013 held the applicant guilty for offence under section 498A of IPC and sentened to undergo R.I. for 2 years with fine of Rs.500/- and in default of payment of fine amount to suffer additional R.I. of 2 months.

4. The applicant being aggrieved with the judgment and sentence of trial Court preferred Criminal Appeal No.76/2018. The lower appellate Court vide its impugned judgment dated 17.7.2019 affirmed the judgment of conviction passed by the trial Court under section 498A of IPC. However, it modified the punishment and sentenced him to undergo R.I. for 6 months and fine of Rs.10,000/-, as already stated hereinabove.

5. The applicant being aggrieved with the judgment passed by the lower appellate preferred the instant criminal revision under section 397/401 of the Code of Criminal Procedure on several grounds. However, during pendency of instant revision the parties have entered into compromise and accordingly, filed interlocutory applications being I.A.No.14105/2021 under section 320(2) of Cr.P.C.; I.A.No.14107/2021 under section 320(6) Cr.P.C. and I.A.No.14108/2021 u/s 320(8) of Cr.P.C. stating that the parties have amicably settled their dispute out of Court and now they have no dispute amongst themselves and they are living happily together, therefore, aforesaid interlocutory applications be allowed. All the aforesaid applications are supported by affidavits of complainant and applicant.

6. Considering the aforesaid interlocutory applications by the parties, the Coordinate Bench of this Court vide order dated 2.12.2021 directed the parties to appear before the Registrar (J-II) for verification of their compromise. The Registrar (J-II) has verified the compromise and submitted his report on 15.12.2021 stating he has recorded statements of parties who stated before him that they have amicably settled their dispute voluntarily out of their own free will and without any threat, pressure, coercion or inducement.

7. Learned counsel for the applicant submitted that this Court has ample power to permit compounding of the offence even at this stage while exercising its jurisdiction, even though the petitioner has been convicted and is under the rigors of the sentence imposed on him. In this connection, he has referred to the provisions of section 320 of Cr.P.C. to show that certain offences can be compounded with the permission of the Court.

8. Learned counsel for the complainant has supported the contention of learned counsel for the applicant and prayed that aforesaid interlocutory applications be allowed.

9. Learned Panel Lawyer has opposed the prayer and submitted that offence under section 498A of IPC is non-compoundable offence, therefore, interlocutory applications under section 32