RAJU KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This M.Cr.C. under Sec. 482 of the Cr.P.C is directed against the impugned order dtd. 24/2/2023 by which the Trial Court has declined to waive of the cooling period off six months, as contemplated in amended Sec. 320(2) of the Cr.P.C referable under Sec. 498-A of the IPC where under the said offence earlier non compoundable, has been made compoundable but with the condition that minimum period of six months should elapse from the date of application for compounding the offence but same shall be in the interest of woman.

(2.) Factual background led to filing of the application under amended Sec. 320 (2) of the Cr.P.C is to the effect that marriage between the petitioner no. 1 and respondent no. 2/complainant was solemnized on 5/5/2015. However, due to ill habits, petitioner used to demand dowry from respondent No. 2 and therefore both parties could not live long as married couple and separated themselves. It also appears that complainant lodged an FIR at Crime No.240/2019 at Police Station Mahila Thana Padav, Gwalior (M.P.) against the petitioners under Sec. 498-A of the IPC and other Sec. . With the passage of time, wisdom prevailed upon the parties and both of them decided to resolve the dispute and differences between them on the principle that if they can not live as friend, they should depart like friends. Under such circumstances, a joint application was filed with the prayer waiving of the cooling period of six months and for compounding the offence. The Trial Court declined to do for want of authority in law under the amended provision (Supra).

(3.) Counsel for the petitioners and counsel for the complainant submits that similar provision of cooling off period is also provided under Sec. 13B of the Hindu Marriage Act, before grant of decree of divorce on mutual consent. The Hon'ble Supreme Court while interpreting the said provision has ruled that requirement of observing of six months cooling period is not mandatory and therefore in the given case, the concerned Court may consider to waive off cooling period in the interest of justice and parties. He relied upon the judgment of Amardeep Singh Vs Harveer Kaur delivered AIR 2017 4417. Counsel for the parties submits that this Court may consider to invoke the inherent jurisdiction for waiving off cooling period in the light of judgment of the Hon'ble Supreme Court in Amardeep Singh (Supra).