On Wednesday, November 9, 2022, the Supreme Court division bench comprised of Justices Aniruddha Bose and Vikram Nath reduced the sentence imposed on a husband convicted under Section 498A IPC after his wife submitted before the court that she wants to join her husband and revive their matrimonial life.

The court further observed, "The conviction of the appellant is under section 498A of the Indian Penal Code. The Trial Court, upon finding the appellant guilty had imposed punishment of two years and also default sentence on failure to pay fine of Rs.3,000/- (Rupees Three Thousand only). This judgment of conviction and order of sentence were sustained 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. As there are concurrent findings of fact, 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."

"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.

The husband was convicted concurrently under Section 498A of the Indian Penal Code in this case. The Trial court imposed a two-year sentence, which was upheld by the appellate court. In its revisional jurisdiction, the High Court upheld the conviction but reduced the substantive sentence to six months. The respondent-wife, through her counsel, informed the bench that she does not wish to contest the appeal and wishes to rejoin her husband and revive their marital life.

Case details

Randeep Singh vs. State of U T Chandigarh

SLP(Crl) 8206/2019