Chennai: Modifying the sentence of three years awarded to an accused for dowry harassment to 19 days, the Madras high court has held that if a woman, in the interest of children, compromises with her husband and joins him in matrimonial life, even after his conviction, such a compromise must be encouraged.

Partly allowing an appeal from the accused Karunaharan, Justice R. Regupathy confirmed the conviction but modified the sentence of three years awarded by a fast track court in Tirupattur to 19 days, the period of imprisonment already undergone by the accused. The judge directed Karunaharan to deposit a sum of Rs 60,000 in fixed deposit in the name of his wife K. Shoba in Vellore Co-operative Society for three years.

The judge said Shoba filed a complaint against Karunaharan for dowry harassment and a lower court awarded three years RI. After conviction, the dispute between the two was resolved and since the sentence had been suspended, pending appeal, they were living together along with their children as man and wife. “It appears that the wife of the appellant, keeping in mind the welfare of her children, compromised the dispute and joined him in the matrimonial life. It is the duty of the court to encourage genuine settlements of matrimonial dispute,” the judge said.

“The object of section 498 A of IPC is to prevent torture to a woman by her husband or by relatives of her husband and to punish them. However, a hyper technical view will be counterproductive,” he said.

“In the interest of the children and the wife, such compromise must be encouraged. I am of the opinion that the sentence of three years is excessive in this case and therefore the sentence is modified,” he added.