MANOJ ACHARYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner No.1 is husband of petitioner No.2 and petitioners No.3 to 7 are in-laws of petitioner No.2. Marriage of petitioner No.2 was solemnised with petitioner No.1 in the year 2003 and thereafter dispute arose between the parties leading to registration of first information report (FIR) for the offence punishable under Sections 498A, 506 Part-II and 109 read with Section 34 of the IPC and all the petitioners herein except petitioner No.2 were charge-sheeted and all were released on bail. Thereafter, on the basis of mutual consent, divorce was granted to petitioners No.1 and 2 and their marriage was dissolved by the order of the Family Court, Raipur and thereafter, they filed an application for compounding the offence under Section 320(2) of the CrPC before the Court of Judicial Magistrate First Class, Raipur who compounded the offence punishable under Section 506 Part-II of the IPC, but declined to compound the offence punishable under Sections 498A and 109 read with Section 34 of the IPC on the ground that same are non-compoundable against which this petition under Section 482 of the CrPC has been filed.

(2.) Dr. Shiv Kumar Shrivastava, learned counsel appearing for petitioners No.1 and 3 to 7, submits that in view of the settlement between the parties by which petitioners No.1 and 3 to 7 have already been acquitted of the offence punishable under Section 506 Part-II of the IPC by the jurisdictional criminal Court and divorce has already taken place, the chances of petitioners No.1 and 3 to 7 for conviction of the offence punishable under Sections 498-A and 109 read with Section 34 of the IPC are bleak relying upon a decision of the Supreme Court in the matter of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another 1. Therefore, prosecution of the petitioners for offence punishable under Sections 498-A and 109 read with Section 34 of the IPC be quashed.

(3.) Mr. Ashok Patil, learned counsel appearing for petitioner No.2 - wife, submits that offence punishable under Section 506 Part-II of the IPC has already been compounded and mutual divorce between the parties has already taken place and petitioner No.2 is also not willing to press her complaint.