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Criminal · Reportable judgment

Rajendra Bhagat vs State of Jharkhand & Anr.

Court
Supreme Court of India
Date
3 January 2022
Case No.
Criminal Appeal No. 2 of 2022
Result
Allowed
Bench
Dinesh Maheshwari, Vikram Nath
Citation
[2022] 1 S.C.R. 473 : 2022 INSC 6
Supreme Court Reports [2022] 1 S.C.R. 473 : 2022 INSC 6
Headnote

Penal Code, 1860: s. 498A – Husband or relative of husband of a woman subjecting her to cruelty – Conviction of the appellanthusband u/s 498A and imposition of simple imprisonment for three years – Few years later, appellant and his wife entered into a settlement, resolved all their disputes and are leading a happy conjugal life – High Court took note of the settlement, and reduced the sentence to the period of imprisonment already undergone, however, upheld the conviction u/s 498A – On appeal, held: Taking note of the terms of settlement which include the undertaking of the appellant that he would be nominating the wife as the nominee in his service record; and where the parties are said to be leading a happy conjugal life, the High Court should have accepted the settlement and quashed all the proceedings with annulment of the orders against the appellant – However, the High Court did not do so – To meet ends of justice, such course is adopted – Settlement. B.S. Joshi and Others v. State of Haryana and Another (2003) 4 SCC 675 : [2003] (2) SCR 1104; Bitan

Sengupta & Anr. v. State of West Bengal & Anr. (2018)

18 SCC 366 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed : ORDER 1. Leave granted. 2. This appeal is directed against the judgment and order dated 17.02.2021 as passed by the High Court of Jharkhand at Ranchi in Criminal Revision No. 910 of 2019 (with I.A. No. 6052 of 2020), whereby the High Court, after taking note of the settlement between the parties, who have resolved their marital discord and are leading a happy conjugal life, has confirmed the conviction of the appellant under Section 498-A of the Indian Penal Code, 1860 (‘IPC’) while reducing the sentence to the period of imprisonment already undergone by
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