- (1.) BOTH the criminal revision applications arise against the same impugned judgment and in both the revision applications the defect has been pointed out by the office that surrender certificate has not been filed.
(2.) THOUGH a petition has been filed by the petitioners for extending the time to surrender in the Court below but Mr. Indrajee Sinha, learned counsel appearing for the petitioners submits that the dispute between the parties are matrimonial and the petitioners have been convicted for the offence punishable under Section 498 - A/34 and 323, IPC and Section 4 of the Dowry Prohibition Act and have been sentenced to undergo R.I. for a period of three years for the offence under Section 498 -A, IPC and to undergo R.I. for a period of six months for the offence under Section 323, IPC. They have further been ordered to undergo RI for a period of one year and fine of Rs. 1000/ - under Section 4 of the Dowry Prohibition Act in default of payment of fine to undergo RI for a further period of two months. Mr. Sinha further submits that with the intervention of the well -wishers and family members of both the parties, they have settled and resolved their dispute and now the O.P. No. 2, i.e. the wife has filed a counter affidavit stating therein that she has entered into an agreement with her husband and has agreed to withdraw the cases filed by the respective parties against each other and they have mutually agreed to have a mutual divorce and the parties now do not wish to continue with the present complaint and, therefore, she has no objection if the impugned judgment/orders passed against which the present revision application arise is set aside by this Court.
(3.) IN the peculiar facts and circumstances of the case as mentioned above, since the wife and husband have settled their dispute with the intervention of the parties and now they do not intend to proceed any further with any litigation and they have decided to go for mutual divorce and when the wife herself has filed an affidavit before this Court in which she has stated that she does not want to proceed any further with the litigation with her husband and his family members and she has no objection if the conviction and sentenced against the petitioners are set aside and, therefore, in my view, in order to restore the good relation between the parties and to save them from ruinous litigation, the ends of justice demands that the conviction and sentenced passed by the Court below against the petitioners be set aside. The State has also no objection.;