2014 (7) TMI 1345

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....nted. 2. The Appellant is original Accused No. 3. He was tried along with his father Hukum Singh-original Accused No. 1 and his mother Prem Bai-original Accused No. 2 by the Judicial Magistrate, Dewas (Madhya Pradesh) in Crime Case No. 1680/2009 for offences punishable Under Section 498A of the Indian Penal Code (for short, 'the Indian Penal Code') and Section 4 of the Dowry Prohibition Act, 1961 (for short, 'the Dowry Act'). By judgment and order dated 29/9/2010 learned Magistrate acquitted the Appellant and the other two accused. Being aggrieved by this order the State of Madhya Pradesh preferred appeal in the Sessions Court, Dewas being Criminal Appeal No. 12/2011. The Sessions Court set aside the order of acquittal and ....

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....ellant can be asked to pay some suitable monetary compensation to Respondent No. 2 in lieu of substantive sentence of imprisonment. On 24/3/2014 counsel for the Appellant made a statement that the matter is likely to be settled. We directed Respondent No. 2-wife to remain present in the Court on 28/3/2014. Accordingly on 28/03/2014 she remained present in the Court. She stated that if the Appellant pays her Rs. 2,50,000/- (Rupees two lacs fifty thousand only) as compensation, she is ready to settle the matter. This Court, therefore, directed the Appellant to bring a demand draft of Rs. 2,50,000/- in the name of Reena (Respondent No. 2). This Court noted that the said demand draft can be given to her in case after hearing the parties and con....

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....of the High Court Under Section 482 of the Code is not inhibited by Section 320 of the Code. Needless to say that this Court can also follow such a course. 7. In Narinder Singh v. State of Punjab JT 2014 (4) SC 573, this Court was dealing with a situation where the accused was charged for offence punishable Under Section 307 of the Indian Penal Code, which is a non-compoundable offence. The parties arrived at a compromise at the stage of recording of evidence. A petition was filed Under Section 482 of the Code for quashing of the proceedings in view of the compromise. The High Court refused to quash the proceedings. This Court set aside the High Court's order and quashed the proceedings in view of the compromise. While doing so, this C....

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....er of conviction cannot be quashed on that ground because the offences involved are non-compoundable. However, in such a situation if the court feels that the parties have a real desire to bury the hatchet in the interest of peace, it can reduce the sentence of the accused to the sentence already undergone. Section 498-A of the Indian Penal Code does not prescribe any minimum punishment. Section 4 of the Dowry Act prescribes minimum punishment of six months but proviso thereto states that the Court may, for adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may be less than six months. Therefore, sentence of the Appellant can be reduced to sentence already undergone by him. 9. No....