THATHAPADI VENKATALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is directed against the order refusing permission to withdraw the case filed u/ S. 498-A IPC by the wife against her husband.

(2.) The brief facts are : The wife-petitioner herein filed a report before the police alleging harassment and cruelty against her husband. Thereupon the police filed the charge sheet and the Magistrate took cognizance of the same u/S 498-A I PC. However, pursuant to an amicable settlement between the spouses to lead a harmonious matrimonial life, the wife filed a petition, before the Magistrate to permit her to withdraw the case. The Court below on the ground that the offence is not compoundable dismissed the said petition. Hence this revision.

(3.) The learned counsel for the wife submitted that though it is not a case for being compounded u/S.320 Cr. P.C. The Court below could permit withdrawal of the complaint under the provisions of S. 257 Cr. P.C. It is to be noted that it is the charge-sheet filed by the police that formed basis for the Court to take cognozance of the offence. The wife filed the report before the police and not before the Court. She, therefore, cannot be permitted to withdraw the charge-sheet filed by the police.