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Judgment
S.P. Khare, J.—Appellant Basant has been convicted u/s 498A, Indian Penal Code for treating his wife Jaswantabai with cruelty and he has been sentenced to rigorous imprisonment for three years and to a fine of Rs. 1,000/-.
Smt. Jaswantabai and appellant Basant have filed a petition stating therein that they want to compromise this matter. Section 498A, IPC is non-compoundable and, therefore, permission to compound the offence cannot be given.
On a perusal of judgment of the Trial Court it is found that it is wholly unsustainable. The police had filed a charge-sheet u/s 307, IPC against Jaswantabai on the ground that she jumped into the Well with her two minor child ren. She has been acquitted of that charge. In this charge-sheet the husband was also impleaded as accused. The wife has not made any complaint against her husband. She has also not appeared as a witness against him. Therefore, in the absence of any evidence regarding the cruelty to the wife by the husband, there can be no conviction u/s 498A, Indian Penal Code..
This appeal is allowed. The conviction and sentence of appellant Basant are set aside. The fine amount, if deposited, be refunded to the appellant.