NAVEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application under Section 482 of Cr.P.C. has been filed by the applicants for quashing of Criminal Case No.1633/2006, pending in the Court of learned Judicial Magistrate First Class, Katni. On the basis of complaint lodged by the respondent no.2 Smt. Shaili Mishra a criminal case for the offences punishable under Section 498 -A/34 of IPC and Section 3 and 4 of Dowry Prohibition Act has been registered against the applicant No.1 Naveen, husband, applicant No.2 Ram Pratap, applicant No.3 Smt. Sakuntala and applicant No.4 Niharika, husband's sister. After conclusion of investigation the challan has been filed before the learned J.M.F.C., Katni. Vide judgment dated 07.05.2011 learned trial Court acquitted the accused applicants No.1 to 4 from the charges punishable under Section 3 and 4 of the Dowry Prohibition Act, but convicted them for the offence punishable under Section 498 -A of IPC.

(2.) THE applicants preferred appeal against their conviction and punishment. During trial of Criminal Appeal No.98/2011 before Special Judge (SC/ST Act), Katni, the complainant/respondent no.2 filed two applications as envisaged under Section 320 (1) and 320 (2) of Cr.P.C. The learned Appellate Court endorsing such application for compounding, however, declined to discharge the applicants from Section 498 -A of IPC on the ground that such offence is not compoundable.

(3.) LEARNED counsel for the parties submitted at the bar that their clients have amicably resolved their disputes and there is no likelihood of any kind of dispute between them. It is pertinent to mention here that dispute between the parties is of private nature and having no adverse effect on the society as the nature is personal.