PRATIBHA TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 15.9.2008 passed by the Judicial Magistrate First Class, Sirmour, District Rewa, rejecting the application filed by the parties under sections 320(1) and 320(2) of the CrPC, for compromise.

(2.) It is submitted by the learned counsel for the petitioners that the petitioner no.2 had filed a complaint before the police under sections 498-A and 327 of the IPC against the petitioner no.1 and his family members who have been impleaded as respondent nos.3, 4 & 5. It is submitted that subsequent to the filing of the complaint an investigation was conducted and a charge sheet was filed before the competent court. During the pendency of the proceedings, the parties have amicably settled the matter between them and had thereafter moved an application before the Court for compromising the matter which has been rejected by the impugned order dated 15.9.2008 on the ground that there is no provision for compounding offences punishable under sections 498-A and 327 IPC.

(3.) This Court, with a view to do complete justice and looking to the peculiar facts and circumstances of the case, had directed all the parties to remain present before this Court.