ASHOK ALIAS BHIM Vs. STATE OF M P

JUDGEMENT

(1.) The applicants/accused have preferred this petition under section 482 of CrPC against the order dated 23.11.2012 passed by JMFC Jabalpur in Criminal Case No. 2588/ 2007 dismissing the joint application of the petitioners and respondent No. 2 filed for compounding the offence with a prayer of quashment of the FIR registered as Crime No. 329/2004 against the applicants at P.S. Gorakhpur, Jabalpur on 29.4.2004 for the offence under section 498 A of IPC and sections 3 and 4 of Dowry Prohibition Act. In addition to the aforesaid the prayer for quashment of the entire charge sheet filed by the aforesaid Police Station after holding investigation before the JMFC Jabalpur in Criminal Case No. 2588/07 to prosecute the applicant under the above mentioned sections is also made.

(2.) The respondent No. 2 got married with the applicant No. 1 on 19.2.2003 at Jabalpur. Subsequent to that on account of some matrimonial dispute between them the respondent No. 2 lodged the above mentioned FIR against the applicant, on which after holding investigation the charge sheet was filed against them. Besides this, proceeding under section 125 of CrPC was also filed in the Family Court, Jabalpur. Apart the aforesaid Case No. 52A/07 was also filed by the applicant No. 1 against the respondent No. 2 for divorce under section 13 of Hindu Marriage Act on the ground of desertion and cruelty.

(3.) After filing the aforesaid petition for mutual divorce with the signature of the applicant as well as respondent No. 2 an application under section 320 (1) (ii) of CrPC to compound the above mentioned offence along with an application permitting the respondent No. 2 to compound the offence was filed in the trial Court. On consideration such applications were dismissed by the trial Court by holding that above mentioned offence of section 498 A of IPC and sections 3 and 4 of Dowry Prohibition Act are not made compoundable under the provision of Criminal Procedure Code, on which the applicants have come to this Court with this petition.