KIRAN TULSHIRAM INGALE Vs. ANUPAMA P GAIKWAD

JUDGEMENT

(1.) THE question raised in this revision application is whether offence punishable under section 498A of the Indian Penal Code is compoundable with the permission of the Court in cases where the parties have amicably resolved their matrimonial disputes.

(2.) IT is not in dispute that offence under section 498A of the Indian Penal Code does not form part of the sections provided under section 320 of the Code of Criminal Procedure, either in the First Part or the Second Part. In other words, it is not an offence which can be compounded by the parties, or, for that matter, with the permission of the Court.

(3.) WITH utmost respect to the learned Judge, in my opinion, it is misreading of the Judgment of the Apex Court in B.S.Joshi's case (supra). The exposition in the case of B.S.Joshi will have to be understood to mean that there is ample power in the High Court to quash the criminal case, in view of the resolution of matrimonial discord between the parties. That course, however, can be adopted before the trial is concluded and order of conviction is recorded. The decision of the Apex Court, in that sense, is not an authority to hold that offence under section 498A of the Indian Penal Code is a compoundable offence, which can be compounded with the permission of the Court.