SHALABH HARRISON Vs. STATE OF C.G.

JUDGEMENT

(1.) This petition is against the order dated 20.4.2016 passed by the Special Railway Magistrate, Bilaspur in Criminal Case No.1995 of 2013 by which the application filed by the parties for compounding the offence under Section 320 of the CrPC has been rejected holding that offence under Section 498A of the IPC is not compoundable.

(2.) Facts of the case are that marriage of applicant No.3 was solemnized with applicant No.1 on 25.11.2011. Applicant No.2 is mother-in-law of applicant No.3. F.I.R. was lodged by applicant No.3 on 30.1.2013 against applicants No.1 and 2 alleging that they are treating her with cruelty and demanding dowry, pursuant to which, F.I.R. No.31/2013 was registered at Police Station Tarbahar, District Bilaspur for commission of offence under Section 498A/34 of the IPC and they were charge-sheeted before the jurisdictional Criminal Court.

(3.) During pendency of the criminal case, both the parties have filed an application under Section 320 (1) of the CrPC for compounding the offence stating inter-alia that in the meanwhile their relations have become normal and cordial, applicant No.1 and applicant No.3 are living together as husband and wife after settling their disputes amicably, therefore, criminal case be dropped. The said application was dismissed by the trial Court holding that offence under Section 498A of the IPC is not compoundable and therefore, the Court has no jurisdiction to direct for compounding of the offence.