SK MAHABOOB JAN Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, Petitioner No.1 to 5 have been convicted under Section 498-A IPC and they have filed an appeal against the conviction which is pending before the Sessions Judge. Petitioner No.6 was also accused of the same offence in the same case but was not available when the others were tried therefore he is being tried now separately. Petitioner No.1 is the wife of petitioner No.6 on whose motion the Police had registered a case under Section 498-A IPC. This petition has been filed seeking quashing of the sentence passed on petitioners 2 to 5 and the prosecution against petitioner No.6.

(2.) There is no question of quashing the conviction and sentence of petitioners 2 to 5 as the accused-petitioners have the remedy of appeal which they have already taken up and the appeal is pending. Since an appeal is pending before the competent Court this Court will not consider quashing of the conviction and sentence against petitioners 2 to 5 in proceedings under Section 482 Cr.PC. As far as the quashing of.the case against petitioner No.6 is concerned it would amount to ordering compounding of an offence which is not compoundable because the only ground stated in the petition is that the husband and wife compromised the matter therefore proceedings should be quashed. This matter is no longer res-integra and has already been decided by a Full Bench of this Court in Smt, Ghousia Sultana v. Mohd. Ghouse Baig, 1996 (2) ALD 428 (FB). Reference was made to Supreme Court judgment in Mahesh Chand v. State of Rajasthan, AIR 1988 SC 2111. This judgment was also taken into consideration by the Full Bench of this Court and the Court found that the order passed by the Supreme Court was referrable to Article 142 of the Constitution of India which stands altogether on a different footing. The law as enunciated by the Supreme Court in A.R. Antulay v. R.S. Nayak, AIR 1988 SC 1531, still holds the field that the Courts cannot pass directions in exercise of inherent powers which are contrary to the statute:

(3.) For these reasons, this petition is not maintainable which is accordingly dismissed.