PAROMITA SAHA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners seek quashment of case registered as G.R. Case No. 324/2015 and the consequent proceedings.

(2.) Petitioners No. 1 and No. 4 are married to each other. Due to strained relation they have now decided to part ways so have filed petition for mutual divorce which is stated to be pending. Strained relationship gave rise to cruelty as alleged by petitioner No. 1 based on which report has been lodged by petitioner No. 2, (mother of petitioner No. 1). Case has been registered, on completion of investigation, same culminated in filing of final report under Section 173 Cr.P.C. The case is now pending before the Court of learned Judicial Magistrate, Tura wherein petitioners No. 3 to 5 are likely to face trial for commission of offence punishable under Section 498(A) IPC.

(3.) Petitioners appear to have entered into a compromise as a result whereof they have filed application before the Court of learned Magistrate for closing the proceedings but learned Magistrate vide order dated 10.04.2018 has rejected their application on the ground that offence punishable under Section 498(A) IPC is not compoundable, therefore does not fall within the scope of Section 320 Cr.P.C.