PINKI SONI Vs. STATE OF C G491

JUDGEMENT

(1.) HEARD .

(2.) THE applicant is wife of the non-applicant No. 2 and daughter-in- law of respondent No. 3. On her complaint, offence under Sections 498-A, 506 read with Section 34 of IPC was registered against the Non-applicants No. 2 and 3 in Police Station, Charama and subsequently charge sheet was filed in the Court of Chief Judicial Magistrate, Kanker. Subsequently, as application for compromise was filed by the applicant before the trial Court mentioning therein that there is no dispute between them and now the relations are cordial. It was also mentioned that there is a son from the wedlock of the applicant and non-applicant No. 1 and in the aforesaid circumstances, she does not intend to prosecute the case any further and the accused persons be acquitted. The above application was rejected by order dated 4-9-2006 on the ground that offence under Section 498-A of IPC is not compoundable under Section 320 of the Cr.P.C.

(3.) THE applicant is present in person as also the accused persons non- applicants No. 2 and 3. The applicant submitted that now she is residing with non-applicant No. 2 along with her son and the relationship between the applicant and the non-applicants is cordial and they are leading a happy married life. She further stated that except the criminal proceedings pending before the Judicial Magistrate First Class, Kanker there is no other proceeding pending before any other Court. She also submitted that she has moved an application for compounding the offence of her own freewill without any undue influence, coercion or inducement.