'Wife Wants To Revive Matrimonial Life': SC Upholds Conviction Of A Husband U/S 498A IPC ; But Reduces Sentence To Period Already Undergone

The Supreme Court reduced the sentence imposed on a husband convicted under Section 498A IPC after his wife submitted before it that she wants to join her husband and revive their matrimonial life.

In this case, the husband was concurrently convicted under Section 498A of the Indian Penal Code. The Trial Court had imposed punishment of two years and the same was upheld by the Appellate Court. The High Court, in its Revisional jurisdiction did not interfere with the judgment of conviction but reduced the substantive sentence to six months. 

"We do not find any reason to interfere with the judgment of conviction of the appellant. There is no perversity in the judgment assailed in this appeal", Justices Aniruddha Bose and Vikram Nath observed.

At this juncture, the respondent- wife, through her counsel, submitted before the bench that she would not like to contest the appeal and she wants to join her husband and revive their matrimonial life.

"In this proceeding, we cannot pass any order on that count. For that purpose, the respondent-wife may take such steps as may be advised. Considering the overall circumstances, we, however, reduce the punishment of rigorous imprisonment to the period already undergone by the appellant in incarceration.", the court said while partly allowing the appeal.

Case details

Randeep Singh vs State of U T Chandigarh | 2022 LiveLaw (SC) 962 | SLP(Crl) 8206/2019 | 9 Nov 2022 | Justices Aniruddha Bose and Vikram Nath

For Petitioner(s) Dr. J. P. Dhanda, AOR Mr. N A Usmani, Adv. Mrs. Raj Rani Dhanda, Adv.

For Respondent(s) Mr. Vatsal Joshi, Adv. Mr. S.K.Singhania, Adv. Mr. Vinayak Sharma, Adv. Mr. Krishna Kant Dubey, Adv Mr. Nakul Chengappa K K ,adv. Ms Akriti A Manubarwala, Adv. Mr. Sarad Kr. Singhania, Adv. Mr. Arun Kumar Yadav, Adv Mr.N. Visakamurthy, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Chritarth Palli , AOR

Headnotes

Indian Penal Code, 1860 ; Section 498A - Concurrent conviction under Section 498A IPC upheld - Wife's submission that she would not like to contest the appeal and she wants to join her husband and revive their matrimonial life - In this proceeding, we cannot pass any order on that count. For that purpose, the wife may take such steps as may be advised. Considering the overall circumstances, the punishment of rigorous imprisonment reduced to the period already undergone by the appellant in incarceration.

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