KEDARNATH @ RAJU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This petition is against the order dated 29.08.2017, passed in criminal case No.242/2016, by the JMFC, Dabhara, District Janjgir Champa, wherein an application under Section 320 (2) of the Cr.P.C. to compound the offence under Section 498-A of the I.P.C. has been dismissed.

(3.) As per the prosecution, the petitioner No.1 Kedarnath @ Raju was married to respondent No.2 Smt. Chaya Chandra. Petitioner Nos. 2 and 3 are the father-in-law and mother-in-law, respectively, of the respondent No.2. The instant petition is filed by the husband, father-in-law and mother-in-law and the wife has been arrayed as respondent No.2 in the petition. It was stated that after the marriage, a report was made by the wife, which was registered under Section 498-A read with Sections 506, 34 of the I.P.C. and after investigation the charge-sheet was filed. During the course of trial an application was filed under Section 320 (2) of the Cr.P.C. with a prayer that the offence has been compounded in between the parties, therefore, the petitioners may be exonerated and acquitted from the charges leveled against them and learned Court below by its impugned order dated 29.08.2017 though allowed the prayer to compound the offence under Section 506 IPC and acquitted the petitioners from the said charges but in respect of Section 498-A IPC dismissed the same by holding that the offence under Section 498-A IPC is non-compoundable, therefore, the instant petition.