STATE OF MAHARASHTRA Vs. MADHU BHISHAM BHATIA

JUDGEMENT

(1.) STATE has filed appeal challenging the order passed by Metropolitan Magistrate, 31st Court, Vikroli, Bombay dated 13th November, 1992 acquitting the accused for the offence punishable under Section 498-A of Indian Penal Code as the offence has been duly compounded. In the appeal I heard Shri D. P. Adsule, A. P. P. for State, respondents though served remained absent. It is submitted by Shri Adsule, A. P. P. that the offence under Section 498-A is not compoundable, however, the Metropolitan Magistrate, 31st Court, Vikroli, Bombay allowed the parties to compound the matter and accordingly acquitted the accused relying on the issue laid down in 1992 Cri LJ 2106.

(2.) THE facts in brief leading to the present appeal are that the marriage of complai-nant Bhavna took place with accused No. 1 in January, 1987. After her marriage she started residing with her husband along with her brother-in-law accused No. 2, mother-in-law accused No. 3 and father-in-law accused No. 4. It is the allegation that accused Nos. 1 to 4 then started harassing, ill-treating, maltreating the complainant and used to demand foreign goods. It is alleged that in the month of July, 1992 the accused demanded the cash amount of Rs. 15000/- and wireless telephone. The complainant informed about the said unlawful demands to her parents, who have managed to pay the amount of Rs. 15,000/- to the accused/respondent. However, even there after ill-treatment, harassment continued at the hands of accused to complainant, accordingly complaint was filed against accused Nos. 1 to 4 by the complainant on the basis of which Crime No. 198 of 1992 was registered at Pantnagar Police Station.

(3.) THE Police after investigating the above crime submitted charge-sheet. On 13th November, 1992 the complainant filed an application for permission to compound the offence, A. P. P. objected to allow the said application on the ground that offence under Section 498-A is not compoundable, in view of Section 320 of Cr. P. C. the Metropolitan Magistrate, 31st Court, Vikroli, Bombay, however, after hearing the parties allowed the said application filed by complainant and allowed the parties to compound the said criminal case and accordingly after recording the compromise acquitted the accused, the said order has been finally challenged by the prosecution.