Court No. - 52
Case :- CRIMINAL REVISION No. - 1969 of 2017 Revisionist :- Dharmendra Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arvind Agrawal, learned counsel for the revisionists, learned Additional Government Advocate for the State and perused the record.
The instant criminal revision has been filed for setting aside the judgment and order dated 28.2.2015 passed by Chief Judicial Magistrate, Firozabad in Criminal Case No.5442 of 2014 (State of U.P. Versus Dharmendra Singh and others) arising out of Case Crime No.52 of 2011 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Shikohabad, District Firozabad and the impugned order dated 30.5.2017 passed by Additional Sessions Judge, Court No.1, Firozabad in Criminal Appeal No.10 of 2015 (Devendra Singh and State of U.P.) by which the learned appellate court rejected the appeal and confirmed the order of conviction and sentence passed by the trial court.
At the time of admission of this revision, it was pointed out that the parties have settled their differences and there are bright chances of amicable settlement and the matter may be sent to mediation centre for mediation and reconciliation. As such the matter was referred to Mediation and Conciliation Centre, High Court, Allahabad. Pursuant thereto, both the parties appeared before the mediation centre and the mediation succeeded on the terms mentioned in the settlement agreement between the parties which stipulates that the revisionist (husband) and opposite party no.2 (wife) have decided to reunite and live in perfect harmony forgetting all previous disputes and differences and they have also undertaken to discharge all matrimonial obligations towards each other in respectful manner. In view of the settlement agreement, instant revision deserves to be allowed. As per the decision of Hon'ble Apex Court, in the cases where dispute is purely private in nature and even revision or appeal against conviction, the judgement and order may be quashed set aside.
In view of aforesaid, the instant revision is allowed. The judgment and order dated 28.2.2015 passed by Chief Judicial Magistrate, Firozabad in Criminal Case No.5442 of 2014 (State of U.P. Versus Dharmendra Singh and others) arising out of Case Crime No.52 of 2011 under Sections 498- A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Shikohabad, District Firozabad and the impugned order dated 30.5.2017 passed by Additional Sessions Judge, Court No.1, Firozabad in Criminal Appeal No.10 of 2015 (Devendra Singh and State of U.P.) are hereby set aside.
The office is directed to communicate this order to the court below forthwith.
Order Date :- 29.3.2018 MN/-