SANTOSH KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition is against the order dated 27.11.2017, passed by the JMFC, Durg in criminal case No.860/2015 whereby an application filed under Section 320 of the Cr.P.C. to compound the offence under Section 498-A read with Section 34 of the I.P.C. has been dismissed.

(2.) The complainant Smt Kanchan Yadav, respondent No.2 herein was married with Santosh Kumar Yadav on 23.01.2013 and thereafter a report was made by the complainant in the Police Station Nevai, which was registered under Section 498-A read with Section 34 of the I.P.C. bearing Crime No.152/2014. Thereafter, after the investigation, the charge-sheet was filed. During the course of trial an application was filed by the petitioners as also the complainant, whereby it was pleaded that mutual settlement has been arrived at in between the parties and the application for mutual divorce has also been filed.

(3.) The Hon'ble Supreme Court in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303 has laid down the following principles :