DAGGUPATI JAYALAKSHMI Vs. STATE

JUDGEMENT

(1.) This matter has come up for hearing before this Bench on a reference made by our learned brother D. J. Jagannadha, J., vide his order dated 6/04/1993 made in Crl.M.P. No. 988 of 1993.

(2.) Crl.M.P. No. 988 of 1993 is a petition filed by Smt. Daggupati Jayalakshmi, the de facto-complainant, under section 482 of the Code of Criminal Procedure, to direct the Munsif-Magistrate, Ponnur to permit her to withdraw the case pending before him in C.C. No. 10 of 1993, on his file, by compounding the offences under sections 498-A, 323 and 494 read with Section 109 of the Indian Penal Code against A-1 to A-7.

(3.) Relying upon T. Venkatalakshmi v. State of Andhra Pradesh, (1990) 3 ALT 424 : (1991 Cri LJ 749), it was contended before our learned brother D. J. Jagannadha Raju, J. that the court by exercising the inherent power under section 482 of the Code of Criminal Procedure, has got the power to permit the petitioner to have the offences compounded even though the offences under section 498-A of the Indian Penal Code is non-compoundable. In the above decision of T. Venkatalakshmi v. State of A.P., cited before the learned single Judge, after referring to the decision of the Supreme Court reported in Mahesh Chand v. State of Rajasthan, AIR 1988 SC 2111 : (1989 Cri LJ 121), it was observed as follows (at pp. 750-751 of 1991 Cri LJ 749) :-