Santosh Kumar Uikey vs The State of Madhya Pradesh

N.K. Gupta, J.—The applicant and the respondent No. 2 are also present in person. They are duly identified by their counsel. The applicant as well as the respondent No. 2 have stated that divorce took place between them and a formal decree of divorce was also given by the learned Third Civil Judge, Class-II, Mandla on 10.9.2013 in civil case No. 25-A/2013. Under such circumstances, now the respondent No. 2 does not want to prosecute any case u/s 498A of IPC against the applicant.

Though offence punishable u/s 498A of IPC and section 3 of Dowry Prohibition Act are not compoundable but, if the matter is settled between the husband and wife amicably then, it is the settled view of Hon''ble the Apex Court that they may be permitted to reside peacefully and no such prosecution may be permitted to continue.

Under such circumstances, the petition u/s 482 of the Cr.P.C. filed by the applicant Santosh Kumar Uikey is hereby allowed. The conviction as well as the sentence directed by the learned Chief Judicial Magistrate, Mandla in criminal case No. 2449/2008 vide order dated 7.12.2010 is hereby set aside. The applicant is acquitted from the charges of offence punishable u/s 498A of IPC and section 3 of Dowry Prohibition Act. Consequently, the appeal filed by the applicant also turns infructuous.

A copy of the order be sent to both the Courts below for information and compliance.

Learned Additional Sessions Judge is directed to drop the proceedings of the appeal. Certified copy as per rules.