BHUWAN CHANDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. On the written First Information Report lodged by Bharav Dutt Joshi, father of Smt. Poonam Joshi, a case under Sections 498-A, 323 and 327 I. P. C. was registered vide Crime No. 127 of 1992. After completion of the investigation, a charge-sheet was submitted against Ajay Tewari, opposite party No. 5 under Sections 498-A and 323 I. P. C. Rent of the accused persons named in the First Information Report were not forwarded to the Court for their trial under the aforesaid sections.

(2.) ON the protest petition by Smt. Poonam, the Magistrate summoned the other accused persons as well. Thereafter, on the intervention of the respectable persons and the relatives, the parties have arrived at a compromise. They approached the U. P. State Legal Services Authority, Lucknow and filed a compromise. The authority with a covering letter sent the compromise to the trial Court (Special Additional Chief Judicial Magistrate (Ayodhya Prakaran) Lucknow. The learned Magistrate refused to accept the compromise and also to pass an order thereon merely because the offence punishable under Section 498-A I. P. C. is not compoundable. Hence,the petitioners have filed this petition under Section 482 Cr. P. C. for quashing the proceedings in Criminal Case No. 733 of 1996 under Sections 498-A/323 I. P. C. pending in the Court of Special Additional Chief Judicial Magistrate (Ayodhya Prakaran) Lucknow.

(3.) THOUGH, the offence punishable under Section 498-A is not compoundable; but having regard to the facts and circumstances in which the trial against the petitioners Nos. 1 to 5 have been launched under Sections 498-A and 323 I. P. C. and also the fact that two families are involved in an unending chronic proceedings in the Court. The peace and tranquility of the two families is on stake. The case in hand is one in series of criminal and matrimonial cases, which have been finally settled amicably, therefore, it also needs to be settled amicably. The parties have certainly done so, for the sake of peace and harmony in future. They have also filed compromise deed before the trial Court in the Case No. 733 of 1996 under Sections 498-A and 323 I. P. C. in the interest of two families and also bearing the interest of justice in mind. I feel that the compromise ought to have been accepted by the Court below and the proceedings ought to have been finally concluded in the terms of compromise. The proceedings, therefore, deserves to be quashed.