RAJENDRA BHAGAT versus STATE OF JHARKHAND & ANR.

Citation: [2022] 1 S.C.R. 473 · Decided: 03-01-2022 · Supreme Court of India · Bench: DINESH MAHESHWARI, VIKRAM NATH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2022] 1 S.C.R. 473
473
RAJENDRA BHAGAT
v.
STATE OF JHARKHAND & ANR.
(Criminal Appeal No. 2 of 2022)
JANUARY 03, 2022
[DINESH MAHESHWARI AND VIKRAM NATH, JJ.]
Penal Code, 1860: s. 498A – Husband or relative of husband
of a woman subjecting her to cruelty – Conviction of the appellant-
husband 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.
Case Law Reference
[2003] (2) SCR 1104
referred to
Para 8
(2018) 18 SCC 366
referred to
Para 9
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
2 of 2022.
From the Judgment and Order dated 17.02.2021 of the High Court
of Jharkhand at Ranchi in Criminal Revision No.910 of 2019
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
Ms. Anamika Ghai Niyazi, M. A. Niyazi, Kunal Kishore, Ms. Kirti
Jaiswal, Ms. Nehmat Sethi, Ms. Tanshi Arora, Krishan Pal Mavi, Advs.
for the Appellant.
Jayant Mohan, Ms. Adya Shree Dutta, Aditya Kumar, Ms.
Mrinmayee Sahu, Advs. for the Respondents.
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 the appellant.
3. The only question requiring determination in the present appeal
is as to whether the High Court, even after taking note of the settlement
of the parties resolving their marital disputes, has erred in not setting
aside the order of conviction altogether. Having regard to the short question
involved, dilation on all the factual aspects is not necessary and only a
brief reference for the background would suffice.
4. The appellant joined Indian Army as Naik on 12.09.2005. The
appellant and the respondent No. 2 were married on 25.05.2013. Certain
disputes having arisen, the respondent No. 2 lodged an FIR bearing No.
204 of 2014 at Police Station, Sisai against the appellant and his family
members with the allegations of demand of dowry, mental and physical
torture etc. On 26.11.2014, the chargesheet was filed for offences under
Sections 498-A, 323, 417, 34 IPC against the accused persons and
charges were framed accordingly. After trial in GR Case No. 904 of
2014, the learned Judicial Magistrate, First Class, Gumla, convicted the
appellant of the offence under Section 498-A IPC and the other accused
persons of the offence under Section 323 IPC. All the accused persons
were acquitted of the charges under Sections 417, 34 IPC. Except the
appellant, all other accused persons were given the benefit of Probation
of Offenders Act, 1958 but, the appellant was sentenced to undergo
simple imprisonment of three years.
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5. The appeal preferred by the appellant, being Criminal Appeal
No. 10 of 2019, was dismissed by Sessions Judge, Gumla on 30.05.2019.
Thereafter, the appellant preferred a revision petition before the High
Court, being Criminal Revision No. 910 of 2019. While the said revision
petition was pending, two significant events took place. The first had
been sanction of competent authority for dismissal of the appellant from
his military service w.e.f. 14.07.2020 for having been convicted of the
offence under Section 4

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