RADHABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard Shri Mandlik, advocate for the petitioners and Shri Bhapkar, A. P. P. , for respondents Nos. 1 and 2.

(2.) THIS writ petition is directed against an order dated 30th of December 1991 passed by the Judicial Magistrate, First Class, Degloor in Criminal Case No. 114 of 1990 rejecting the application for permission to compound an offence under section 498 (A), Indian Penal Code.

(3.) PETITIONER No. 1 Radhabai is the wife of petitioner No. 3 Petitioner No. 6 is the mother in-law of the petitioner No. 1. Petitioners No. 2, 4, 5 and 7 are the near relations of petitioner No. 3. After the marriage, petitioner No. 1 Radhabai started residing with her husband and other petitioners. Petitioner No. 1. then alleged that the petitioners No. 2 to 7 (who are accused Nos. 1 to 6 before the trial Court) ill-treated petitioner No. 1 during the period from 31-10-1989 to 19-6-1990 and they also assaulted her and threatened her during this period. It was alleged that the ill-treatment, assault and threats were there, because of the failure on the part of the parents of petitioner No. 1 to pay the dowry. Petitioner No. 1 was then driven out of the house and, she ultimately on 29-7-1990 approached the Police Station Markhel, Taluka Degloor and lodged her complaint. Various offences punishable under sections 498 (A), 323, 506 read with section 34, Indian Penal Code were then registered on 17-8-1990 and the accused are charge-sheeted for the alleged offence in the Court of the Judicial Magistrate, First Class, Degloor. The trial is still pending. During the pendency of the trial, the complainant and the six accused amicably settled the disputes and entered into a compromise. An application (Exh. 52) was, therefore, filed on 30th December, 1991, to the trial Magistrate by the complainant and the accused jointly for permission to compound the offences. Alongwith the said application, the written compromise was also filed at Exhibit 53. On hearing the Police Prosecutor for the State, the Judicial Magistrate, by an order dated 30th December, 1991, granted permission to compound the offences punishable under sections 323 and 506 of Indian Penal Code, but rejected the permission to compound the offence punishable under section 498 (A) of the Indian Penal Code. It is this order of rejection of permission to compound the said offence punishable under section 498 (A), Indian Penal Code that is being assailed in the present writ petition.