Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC040001942025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./18/2025 Pisa Jyoti and Anr Son of Shri Pisa Tahar, Sarli village, PO and PS Koloriang, Kurung Kumey District, Arunachal Pradesh. 2: Smti Yumlam Yakik Age: Occupation : Wife of Shri Pisa Jyoti permanent resident of Village Koloriang PO and PS Koloriang Kurung Kumey District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tana Tony, Taba Taison,T Pol Advocate for the Respondent : P P of AP,
::BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.12.2025 Heard the learned counsel Ms. T. Seth appearing for the petitioners. Also heard Mr. T. Ete, the learned Addl. Public Prosecutor representing the State of Arunachal Pradesh. Page No.# 2/2
2. The petitioner Shri Pisa Jyoti was convicted under Sections 498A and 323 of the Indian Penal Code (IPC). He was sentenced to undergo rigorous imprisonment of 2(two) years for the offence under Section 498A and further sentenced to undergo rigorous imprisonment of 1(one) year for the offence under Section 323 of the IPC. 3. The said case originated from an FIR lodged by his wife Smti. Yumlam Yakik. Now, both the husband and wife have come together to this Court praying for setting aside the conviction on the basis of a compromise arrived at between the parties. 4. The learned counsel for the petitioner Shri Pisa Jyoti has relied upon a judgment of the Hon’ble Supreme Court that was delivered in Ramchandra Singh & Ors. v. State of Bihar and Anr.; reported in (2003) 10 SCC 234. In the case before the Hon’ble Apex Court the petitioner was convicted under Sections 498A and 323 of the Indian Penal Code. After that, the wife, who had lodged the FIR, and the husband have compromised their disputes. The Hon’ble Apex Court had set aside the sentence of imprisonment awarded to the petitioner in that case. 5. Coming to the case in hand, since both the petitioners have compromised their disputes and since it is a case between the husband and the wife, this Court is of the opinion that prayer of the petitioners Shri Pisa Jyoti and his wife Yumlam Yakik should be allowed for the ends of justice. 6. Therefore, the petition is partly allowed.
In view of the law laid down in Ramchandra Singh (supra), the conviction under Sections 498A and 323 of the IPC is maintained. But the sentences imposed upon the petitioner Shri Pisa Jyoti (petitioner no.1) are set aside. He is allowed to go after admonition under the Probation of Offenders Act. With the above direction, the instant criminal petition is disposed of. JUDGE Comparing Assistant