SUDHIR KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A chargesheet was submitted against the applicants for the offences punishable under Sections 498A IPC and Section 3/4 Dowry Prohibition Act. The cognizance was taken by learned Magistrate, vide order dated 28.03.2014. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicants.

(2.) COMPOUNDING Application (CRMA No. Nil of 2014 dated 19.09.2014) is filed before this Court to show that the parties have settled their disputes amicably. The said application is supported by the affidavits of respondent no. 2 (Smt. Pooja) and applicant no. 1 (Sudhir Kumar), who are present in person, duly identified by their respective counsel. The respondent no. 2/complainant submitted before this Court that since a decree for dissolution of her marriage with applicant no. 1 has already been obtained and a compromise has taken place between them, hence, she does not wish to prosecute the applicants. The complainant prayed that she may be permitted to compound the offences against the applicants, the application under Section 482 Cr.P.C. be allowed and the proceedings of the criminal case be quashed.

(3.) THE Apex Court has dealt with the consequence of a compromise in regard to non -compoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another, : (2003) 4 SCC 675 and has held as below: