NARAYAN DHONDIBA KASURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . By consent it is made returnable forthwith.

(2.) PETITIONER No. 1 is the husband of petitioner No. 3 while petitioner No.2 is the wife of the brother of petitioner No. 1. Marriage between petitioners No.1 and No. 3 took place on 11-3-1991. On complaint filed by petitioner No. 3 in Wai Police Station, District Satara against petitioners No. 1 and 2 for the offence under Section 498A read with Section 34 IPC a charge-sheet came to be filed in the Court of the Judicial Magistrate, Wai and numbered as Regular Criminal Case No. 24 of 1992. By his judgment and order dated 23rd June 1994, the learned Judicial Magistrate, Wai, convicted the petitioners (No. 1 and 2 herein) for the said offence and sentenced to suffer rigorous imprisonment for three years and pay a fine of Rs. 5,000/- and in default to suffer further R.I. for one year. This order of conviction and sentence is challenged in Criminal Appeal No. 71 of 1994 pending in the court of Sessions, Satara.

(3.) THEREAFTER a compromise with application for permission to compound the offence under Section 498A IPC was filed in Criminal Appeal No. 71 of 1994 in the Sessions Court, Satara. However, the Additional Sessions Judge found that the offence is not compoundable and, therefore, rejected the application. That is how the present petition has been filed for quashing the proceedings.