The single judge bench of the Jharkhand High Court held that at the stage where after trial the accused has been convicted and the conviction has been affirmed in the appeal, the complaint cannot be quashed on the basis of the compromise petition filed by the parties. It was furthermore held that Offence under Section 498 A of the IPC cannot be compounded as it is non-compoundable in nature.
Brief facts
The factual matrix of the case is that the accused has been convicted under Section 498A of the I.P.C. and the same has been affirmed by the learned Session Judge. Furthermore, the matter has been amicably settled between the parties. With this, the present criminal revision petition is filed.
Contentions of the Appellant
The Appellant submitted that even though section 498A is not a compoundable offense, however in the event of settlement even the complaint can be quashed. The Appellant relied upon the judgment titled K. Srinivas Rao v. D.A. Deepa.
Observations of the court
The Hon’ble Court observed that the instant case is at the stage where after trial the accused has been convicted and the said conviction has been affirmed in appeal. Under such circumstances, the complaint cannot be quashed on the basis of the compromise petition filed by the parties.
It was furthermore observed that Offence under Section 498 A of the IPC cannot be compounded as it is non-compoundable in nature.
Based on these considerations, the court affirmed the judgment of conviction and sentenced the appellant to imprisonment for the period already undergone by him for the offense under Section 498A of the I.P.C.
The decision of the court
With the above direction, the court disposed of the criminal revision petition.
Case Title: Hasimuddin Sk. @ Hasumuddin Shekh V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary
Case No.: Cr. Revision No. 410 of 2019
Advocate for the Petitioner: Mr. D.K. Chakraverty, Advocate
Advocate for the Opposite Party: Mr. Sanat Kumar Jha, Advocate
Advocate for the State: Mr. Praful Jojo, Advocate
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