Mr. S. Bhattacharjee vs Mr. R. Datta
2021 Latest Caselaw 866 Tri

                             HIGH COURT OF TRIPURA
                                   AGARTALA

                             Crl. Rev. P. No. 48 of 2016

For Petitioner(s)        :      Mr. S. Bhattacharjee, Adv.

For Respondent(s)        :      Mr. R. Datta, Adv.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

08/09/2021

This criminal revision petition was filed by the convict

petitioner challenging the judgment and order dated 15.06.2016 passed

by the Additional Sessions Judge, Unakoti Judicial District, Kamalpur in

Criminal Appeal No. 10 of 2016 affirming the judgment and order

passed by the learned Judicial Magistrate 1st Class, Kamalpur in case

No. GR 220 of 2014 (PRC 248 of 2014) on 29.03.2016 convicting the

petitioner under section 494 IPC and sentencing him to RI for 1 (one)

year and fine of Rs.5,000/- with default stipulation for having

committed offence punishable under section 494 IPC.

During pendency of the proceedings before this court,

the parties together filed a petition seeking permission of the court for

compounding the offence. This petition was registered as I.A No. 01 of

2020 which is still pending before the court for disposal.

Under Sub Section (2) of Section 320 Cr.P.C, Section

494 IPC is a compoundable offence and the husband or wife of the

person contracting bigamous marriage can compound the offence with

the permission of the court. Sub Section (6) of Section 320 Cr.P.C

provides that the High Court or the court of Sessions acting in exercise

of its power of revision under Section 401 Cr.P.C may allow the person

to compound any offence which such person is competent to compound

under this section. Therefore, the aggrieved wife can compound the

offence in terms of the said provision of law.

She is not available before the court. Interaction with

her is necessary to ascertain as to whether she is agreeing to compound

the offence in exercise of her free will. Therefore, her presence before

this court is necessary.

It is submitted by Mr. R. Datta, learned P.P that her

son has informed him that she is in Bengaluru for the purpose of her

treatment.

Heard Mr. S. Bhattacharjee, learned counsel who

appears for the convict petitioner. The convict petitioner is also present

in person before the court.

It is submitted by Mr. R. Datta, learned P.P that son of

the aggrieved wife will be instructed to come with her mother before

this court on the next date when the matter can be taken up for final

disposal of the I.A.

List the matter on 01.10.2021.

JUDGE

Rudradeep