Bitan Sengupta vs The State Of West Bengal

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 487/2018 (Arising out of S.L.P.(Criminal) No.8442/2017)

BITAN SENGUPTA & ANR. APPELLANT(s)

VERSUS

THE STATE OF WEST BENGAL & ANR. RESPONDENT(s)

O R D E R

Leave granted.

2. Heard learned counsel for the parties.

3. The present Special Leave Petition has been preferred

against the impugned judgment/final order dated

12.09.2017 passed by the High Court of Kolkata in

Criminal Revision Petition No.3400/2016.

4. It may be stated at the outset that on a written

complaint from respondent no. 2 herein, Case No. 554 PS Signature Not Verified

Durgapur was registered under Sections 498A, 406, 506 of Digitally signed by ASHWANI KUMAR Date: 2018.07.19 11:12:22 IST Reason:

the Indian Penal Code, 1860 (IPC) and Sections 3 & 4 of

the Dowry Prohibition Act,1961 against the appellants. In 2

the aforesaid complaint, the allegations against the

appellants are that they demanded dowry from respondent

no.2 and on non-fulfillment of demand, respondent no. 2

was assaulted and tortured by them. After completion of

the investigation, chargesheet was filed in the Court

against the appellants for the aforesaid offences and

charges were framed. The learned Judicial Magistrate vide

order dated 27.06.2014 found the appellants guilty of the

offence under Section 498A of the IPC and directed

appellant no.1 to undergo rigorous imprisonment for 1

year and simple imprisonment for 6 months to appellant

no.2 and acquitted them for the other offences. Being

aggrieved, the appellants filed appeal before the

Sessions Court which was dismissed vide order dated

21.09.2016.

5. It is worthy to mention that during the pendency of

the appeal before the Sessions Court, the appellants and

respondent no. 2 arrived at a compromise and accordingly

Memorandum of Understanding (MOU)dated 22.12.2015 was

executed on the basis of which mutual divorce under

Section 28 of the Special Marriage Act was granted by the

Additional District Judge, Durgapur in Mat. Suit No.

389/2015 on 04.04.2016.

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6. The dismissal of the appeal was challenged by filing

revision application before the High Court. The High

Court vide impugned order dated 12.09.2017 concurred with

the findings of the Sessions Court and dismissed the

revision petition.

7. As per the appellants, the parties have settled

the matter, as they have decided to keep harmony between

them to enable them to live with peace and love. The

compromise records that respondent no.2 have no

grievances whatsoever against the appellants and want

both the appellants to get acquitted from the cases.

Further, both the parties have undertaken not to indulge

in any litigation against each other and withdraw all the

complaints pending between them before the court.

8. In the aforesaid circumstances and going by the

spirit of the law laid down by this Court in the case of

B.S. Joshi & Ors. V. State of Haryana & Anr., we are of

the opinion that the High Court should have accepted the

settlement and compounded the offences. It is, more so,

when the settlement between the parties, who were husband

and wife, was even acted upon as the parties took mutual

divorce on that basis.

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9. We, accordingly, allow this appeal and set aside the

order of conviction passed against the appellants.

......................J. [A.K. SIKRI]

.....................J [ASHOK BHUSHAN]

NEW DELHI;

MARCH 26, 2018