MADHURIMA BHARGAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The question referred by the single Judge, Hon'ble S. K. Phaujdar, J. is :-

(2.) It shall be proper to give some facts of the case before adverting to reply the question. Smt. Meena Bhargava was wedded to Aditya Bhargava on 6th of October, 1990, according to Hindu rite and rituals. On 26-6-1992, she lodged a report at police station Haldwani, district Nainital under Section 498-A, I.P.C. and S. 3/4 Dowry Prohibition Act against her husband Aditya Bhargava, Nanads (husband's sister) Ku. Madhurima Bhargava and Kum. Kavita Bhargava, Jeth (elder brother of husband) Pradeep Bhargava, Jethani (elder brother's wife of husband) Smt. Krishna Bhargava, mother-in-law Smt. Subhashini and father-in-law

(3.) The third case which was referred before the learned single Judge was the Supreme Court decision in a case under Section 307 I.P.C. where the Supreme Court permitted the compounding of the offence under Section 307 I.P.C. although it was not compoundable. Supreme Court directed the trial Judge to accord permission to compound the charges after being satisfied on the compromise. The learned single Judge differed from the finding of the Rahul Bhargava's case and formulated a question above and referred the question to the Division Bench for reply.