D.G.R. Patnaik, J. - (1.) The instant revision application is directed against the order dated 29.3.1995 passed in Cr. Appeal No. 22 of 2001 whereby the appeal preferred by the petitioners against the judgment of their conviction and sentence for the offences under Section 498-A of the Indian Penal Code, read with Sections 3/4 of the Dowry Prohibition Act as passed by the trial Court in G.R. No. 1240 of 1993, was dismissed.
(2.) A separate petition vide I.A. No. 1375 of 2008 have been filed on behalf of the opposite party No. 2, who is also represented by her lawyer, wherein it has been stated that the opposite party No. 2 who is the complainant and on whose complaint, present petitioners were put on trial for the aforesaid offences, has compromised her case with the present petitioners as also with her husband and she has prayed permission to compromise the case with the petitioners. It is stated in the interlocutory application that after compromise effected between the parties, the opposite party No. 2 has been living with her husband since past three years.
(3.) Learned counsel for the petitioners submits that conviction of the petitioners for the aforesaid offences is totally misconceived and is against the weight of evidences on record since thrust of the allegation in the complaint as well as in the evidence is directed against the husband of the complainant/opposite party No. 2. In the instant case, since parties have settled their dispute out of Court, though offence under Section 498-A of the Indian Penal Code is not compoundable but in the interest of justice and for the purpose of maintaining continuity in the peaceful and cordial relation which has been restored between the parties, it would be proper that prayer for compromise should be allowed and the petitioners should be acquitted from the charges for which they were convicted by the trial Court. Learned counsel while referring to the judgment in the case of B.S. Joshi and others v. State of Haryana and another, reported in (2003) 2 East Cr C 220 (SC) , reiterates that in case relating to the matrimonial dispute., the Apex Court has allowed the offence under Section 498-A of the Indian Penal Code to be compounded between the parties.;