REKHA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been preferred by the applicant for recalling the order dated 31. 10. 2003 passed by this Court in Misc. Cr. Case No. 3541/03 whereby this Court has quashed the entire proceedings pending before the learned Judicial Magistrate, First Class, Kasrawad in Cr. Case No. 415/96 relating to the complaint lodged by the applicant Rekha and her sister Sandhya against the non-applicant Nos. 2 to 9.

(2.) NECESSARY and relevant facts of the case for disposal of this petition are that the applicant Rekha and non-applicant No. 10 Smt. Sandhya are the real sisters and both were married with Omprakash and Chandrakant, both of them are real brothers. After their marriage, there was a dispute between both the spouses and both sisters namely, Rekha and Sandhya lodged a joint report {criminal complaint) before the Police Station, Kasrawad on 29. 7. 1996 on the basis of which Crime No. 267/96 was registered under Sections 498-A and 506{ii), Indian Penal Code by the police against non-applicant Nos. 2 to 9 herein in this petition. After investigation, charge-sheet was filed before the learned Judicial Magistrate, First Class, Kasrawad. On 19. 9. 1998, the applicant and her sister non-applicant No. 10 Smt. Sandhya submitted an application before the Trial Court regarding compromise with their husbands and others accused persons. This application was dismissed by the learned Judicial Magistrate, First Class, Kasrawad on the ground that the above mentioned offences are not compounable. Therefore, the Court had no jurisdiction to grant permission under Section 320 (2) of the Cr. P. C. for compounding the offences.

(3.) AFTER this, on 6. 4. 1999, the applicant Rekha submitted an application retracting with the previous application for compromise dated 19. 9. 1998. In this application, she has also alleged that the signatures were obtained on the application of compromise by force without apprising her about the facts mentioned therein and in fact no compromise or settlement had arrived at between them before the community-Panchayat of the relatives. In this application, she prayed for dismissal of the application dated 19. 9. 1998. This application was supported by her affidavit.