BHAVUK SHARMA Vs. ANJU SHARMA

JUDGEMENT

(1.) This petition under Section 482 of Cr.PC has been filed in relation to an order passed on date 23-12-2009 by the Judicial Magistrate First Class, Gwalior in Criminal Case No. 6902/2007 pending before the Court, which arose from Crime No. 15/2007 registered by the Police Station (Mahila Thana), Padav under Section 498-A, IPC read with Section 4 of the Dowry Prohibition Act.

(2.) The petitioners Bhavuk Sharma, Smt. Mohini Sharma and Shri Mahesh Chandra Sharma are facing a Criminal Trial before the Competent Court in relation to registration of the offence against them, who had entered into a compromise with the complainant Smt. Anju Sharma (who was married with the petitioner Bhavuk Sharma on date 7-7-2003) that their matrimonial dispute and other disputes have been mutually compromised. An application was moved under Section 320 of Cr.PC before the JMFC in the Criminal Case No. 6902/2007, whereby the petitioners have prayed to the Court, that the offence registered under Section 498-A, IPC read with Section 4 of Dowry Prohibition Act may be compounded, however, the learned Court below, while finding the offence under Section 498-A to be non-compoundable had dismissed the application vide order dated 23-12-2009.

(3.) The petitioners have placed on record a copy of the judgment dated 6-1-2010 passed in Case No. 38/2008/Hindu Marriage Act, by the IVth Additional District Judge, Gwalior, where on the basis of the compromise, entered into between the husband and wife, a decree of divorce has been granted in terms of Section 13-B of Hindu Marriage Act, wherein the fact of complete compromise of Civil and Criminal Liability was disclosed before the Family Court.