RAMESH AGRAWAL Vs. SUNITA AGRAWAL

JUDGEMENT

(1.) This petition is against the order dated 10.2.2017 passed by the Judicial Magistrate First Class, Raigarh, District Raigarh in Criminal Case No.1233 of 2015 (State of Chhattisgarh Vs. Ramesh Agrawal and others) 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 petitioner No.5 was solemnized with respondent No.1 in the year 2015. Petitioner No.1 is father-in-law, petitioner No.2 is mother-in-law, petitioner No.3 is brother-in-law and petitioner No.4 is sister- in-law of respondent No.1. F.I.R. was lodged by respondent No.1 on 25.8.2015 against the petitioners alleging that they are treating her with cruelty and demanding dowry, pursuant to which, F.I.R. No.276/2015 was registered at Police Station Chakradharnagar, District Raigarh for commission of offence under Sections 498A, 323/34 and 506 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 (8) of the CrPC for compounding the offence stating inter-alia that they have settled 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.