REKHA Vs. STATE

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 498A 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.) ACCORDING to the learned Counsel for the parties, the learned Trial Court has not passed any order on this application. In the application, the appellant has also alleged that on 1.1.1999, her husband Omprakash brought her from Indore to attend the Court at Kasrawad and left her without any reason. She asked for taking her back with him, he misbehaved and abused her and also did not allow to talk even with her Advocate. Learned Counsel for the parties submitted that on this application dated 6.4.1999, no order has been passed by the Trial Court. The applicant has filed the certified copy of this application and affidavit, along with this application. The husband of the applicant Omprakash (non -applicant No. 9) had filed a civil suit under Section 9 of the restitution of conjugal right. In that Civil Suit (No. 35/97) on 7.4.1998 they had filed joint application regarding compromise and the said application was accepted and the civil suit was closed by order dated 9.11.1998. The non -applicant Nos. 2 to 9 have also filed an affidavit of applicant Rekha dated 21.9.1998 with the petition, duly sworn before the Notary, Indore wherein she has stated that on instigation by her father and other relations, she lodged the report against the non -applicant Nos. 2 to 9. It appears that this affidavit has not been filed before any Court and now is filed by the non -applicant Nos. 2 to 9 in reply to the petition filed by the applicant.