THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM (B) & Anr.

Advocate for the Petitioner : MR. N S LASKAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

21.01.2022 ORDER Heard Mr. N.S. Laskar, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public prosecutor for the respondent No. 1 and Mr. A.M. Barbhuiya, learned counsel for the respondent No. 2. Page No.# 2/3

In this criminal revision petition, the correctness or otherwise of the order dated

23.04.2019, passed by the learned Session Judge, Hailakandi in Criminal Appeal No. 16/2017 is challenged. It is to be mentioned herein that the learned Session Judge, Hailakandi has partly allowed the appeal with some modification.

It is to be mentioned herein that the learned Chief Judicial Magistrate, Hailakandi in M.R.D/V Case No. 222/2015, under the Protection of Women from Domestic Violence Act, 2005, directed the petitioner to pay (i) a sum of Rs.3,000/- (Rupees Three Thousand) per month to the aggrieved persons i.e. the respondent No. 2 and (ii) a sum of Rs.2,00,000/- (Rupees Two Lacs) being one time compensation as a part of the mental and emotional distress undergone by the aggrieved person i.e. the respondent No. 2.

The petitioner being aggrieved by the aforesaid order, he preferred an appeal, being Criminal Appeal No. 16/2017, before the learned Session Judge, Hailakandi wherein the learned Session Judge, Hailakandi, vide the order dated 23.04.2019, has modified the one time compensation from Rs.2,00,000/- (Rupees Two Lacs) to Rs.1,50,000/- (Rupees One Lac and Fifty Thousand), however, the learned Session Judge, Hailakandi has upheld the monthly payment of Rs.3,000/- (Rupees Three Thousand) to the aggrieved person i.e. the respondent No. 2.

Being aggrieved by the aforesaid order of the learned Session Judge, Hailakandi, the petitioner preferred this criminal revision petition before this Court for setting aside the impugned order dated 23.04.2019, passed by the learned Session Judge, Hailakandi in Criminal Appeal No. 16/2017.

It is submitted at the bar that during the pendency of this revision petition, the parties have settled the dispute amicably and the petitioner has agreed to pay a sum of Rs.1 (One) lac to the aggrieved person i.e. the respondent No. 2 and the respondent No. 2 has also agreed to accept the same and further submitted that the petitioner will continue to make a payment of Rs.3,000/- (Rupees Three Thousand) per month to the aggrieved person i.e. the respondent No. 2.

Therefore, it is submitted at the bar that this revision petition may be disposed of at this admission stage itself, by modifying the impugned order dated 23.04.2019 passed by the Page No.# 3/3 learned Session Judge, Hailakandi in Criminal Appeal No. 16/2017, and by directing the petitioner to pay sum of Rs.1(One) lac, being one time compensation instead of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand).

Let a copy of this order be furnished to the learned Advocates of both sides and the LCR be returned to the learned Court below immediately. JUDGE Comparing Assistant