SURESH NATHMAL RATHIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioners sought various reliefs. However, Shri Bhattad, the learned counsel for the petitioners/ accused, specifically restricted his prayer to the effect that a direction be issued to the Judicial Magistrate, First Class, Shegaon, to allow the parties to compound the offence punishable under Section 498-A read with S. 34 of the Indian Penal Code. In the instant petition, though the learned J. M. F. C. Shegaon, is not a party, but State being the respondent No. 1 and the petition being under Article 227 of the Constitution of India, which prescribes the supervisory powers, the oral prayer made by Shri Bhattad is to be considered.

(2.) THE petitioner Suresh Nathmal Rathi and the petitioner No. 2, Smt. Shobha wife of Suresh Rathi are the husband and wife. Petitioner No. 3 Ramesh and the petitioner No. 4 Dilip are the brothers of the petitioner No. 1 Suresh. Petitioner No. 5 Smt. Basantibai Rathi is the mother of the petitioner No. 1 Suresh.

(3.) THE marriage between Suresh and Smt. Shobha was solemnized sometime in the year 1988. It is the case of Smt. Shobha that after the marriage, initially, she was treated well by her husband and other members of the family, but subsequently, she was given a cruel treatment. The cruel treatment being unbearable, she was compelled to lodge the report with the Police Station, Shegaon, on the basis of which an offence was registered under Section 498-A read with S. 34 of the Indian Penal Code. After the investigation, the charge- sheet was filed against the petitioner Nos. 1, 3, 4 and 6, and the proceedings were commenced in Criminal Case No. 246/89.