High Court Division
Iqbal Hossain v The State and another
Criminal Revision 3622/2022 · Decided 13 July 2026
The complainant wife filed a complaint case against her husband, the petitioner, under section 3 of the Dowry Prohibition Act, 2018. The Metropolitan Magistrate, 3rd Court, Sylhet convicted him and sentenced him to one year's rigorous imprisonment, and the Metropolitan Sessions Judge, Sylhet dismissed his appeal on 25.07.2022. He then obtained a Rule in revision from the High Court Division. While the Rule was pending, the petitioner and the complainant filed a joint application to compound the offence, stating that they had amicably settled their disputes through mediation and the intervention of well-wishers, had entered into a written compromise out of court and were living together as husband and wife. The Court noted that the offence under section 3 had been made compoundable by subsequent amendment, found no impediment to compounding and considered permission just and proper. It allowed the prayer, made the Rule absolute on the basis of the compromise, set aside the judgments of the courts below, acquitted the petitioner and discharged him from his bail bond.
- Q1
Whether a conviction under section 3 of the Dowry Prohibition Act, 2018, affirmed on appeal, may be set aside in revision where the convicted husband and the complainant wife have compromised and jointly applied to compound the offence.
- The offence under section 3 of the Dowry Prohibition Act, 2018 has been made compoundable by subsequent amendment.
- Where the convicted husband and the complainant wife have settled their dispute and are living together as husband and wife, permission to compound the offence may be granted at the revisional stage.
- On compounding, the conviction and sentence affirmed on appeal were set aside and the petitioner was acquitted and discharged from his bail bond.
In view of the fact that the offense under section 3 of the Dowry Prohibition Act, 2018 has been made compoundable by subsequent amendment, I do not find any impediment in the way of allowing the prayer for compounding the offense.
In the court’s own words.
Criminal Revision 3622/2022, as published by the Supreme Court of Bangladesh. 5 pages, with paragraph numbers for citing.
Present:
Mr. Justice Md. Salim
1CRIMINAL REVISION NO.3622 OF 2022
Iqbal Hossain
……………….Petitioner.
-Versus-
The State and another
……………Opposite parties.
Mr. Sohel Rana, Advocate
………..For the Petitioner.
Mr. Farhad Uddin Ahmed Bhuiyan,
Advocate
…..For the Complainant-Opposite Party No.2.
Mr. Monzurul Alam Sujan, DAG
Mr. Towhidul Islam, AAG
Mr. Syed Akhtarul Islam, AAG
………… For the State.
Heard and Judgment on 13.07.2026
2By this Rule the opposite parties were called upon show cause as to why the impugned judgment and order dated 25.07.2022 passed by the learned Metropolitan Sessions Judge, Sylhet in Criminal Appeal No.188 of 2022 dismissing the appeal and affirming the judgment and order of conviction and sentence dated 22.05.2022 passed by the learned Metropolitan Magistrate, 3rd Court, Sylhet in C.R. Case No.33 of 2021 convicting the petitioner under section 3 of the Dowry Prohibition
Act,2018 and sentencing him to suffer rigorous imprisonment for 1(one) year should not be set aside.
3Facts in brief for disposal of the Rule are that the opposite party No. 2 herein, as complainant, instituted the C. R. case No. 33 of 2021 before the Metropolitan Magistrate, Sylhet, against the convict petitioner under section 3 of the Dowry Prohibition Act, 2018. Subsequently, the learned Metropolitan Magistrate, 3rd Court, Sylhet, by judgment and order dated 22.05.20-22, convicted the convict-petitioner under section 3 of the Dowry Prohibition Act and sentenced him to suffer rigorous imprisonment for 01 (one) year, which was upheld in Criminal Appeal No.188 of 2022 (Judgment and order dated 25.07.2022 preferred by the convict appellant petitioner.
4Now, the convict-petitioner and the complainantopposite party No.2 have filed a joint application for compounding the offense under section 3 of the Dowry Prohibition Act, 2018, in the event of the dispute between them out of court.
5The application states that the complainantopposite party has amicably settled all disputes with her husband (convict petitioner) through mediation. The convict petitioner and the complainant opposite party No.1, with the intervention of their respective wellwishers, amicably settled the dispute and entered into a written compromise out of court. They are now living as husband and wife. It is submitted by the learned Advocate for the complainant opposite party that, unless the offense is allowed to be compounded, the happy life of the parties may be seriously jeopardized. The petitioner prays for permission of the court to compound the offense to enable them to live a peaceful and happy life.
6In view of the fact that the offense under section 3 of the Dowry Prohibition Act, 2018 has been made compoundable by subsequent amendment, I do not find any impediment in the way of allowing the prayer for compounding the offense. In the facts of the case, permission to compound the offense appears to be just and proper.
7Accordingly, the prayer for compounding the offense under section 3 of the Dowry Prohibition Act, 2018 is allowed.
8Accordingly, the Rule is made absolute based on the compromise petition.
9The impugned judgment and order dated 25.07.2022 passed by the learned Metropolitan Sessions Judge, Sylhet, in Criminal Appeal No.188 of 2022, dismissing the appeal and affirming the judgment and order of conviction and sentence dated 22.05.2022 passed by the learned Metropolitan Magistrate, 3rd Court, Sylhet in C.R. Case No.33 of 2021 is hereby set aside.
10Let the accused-petitioner Iqbal Hossain be acquitted of the charge levelled against him under Section 3 of the Dowry Prohibition Act, 2018, and he is hereby discharged from his bail bond.
11Communicate the order and send down the lower Court records at once for information and necessary action.
(Md. Salim,J:)
12Kabir/BO
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