RAMVATI Vs. SADHANA

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure, hereinafter referred to as 'the Code' has been filed by the applicant for quashing of order dated 28.08.2015, passed in Criminal Appeal No.315/2013, by learned Fourth Additional Sessions Judge, Chhindwara, whereby the application under Section 320 (2), Cr.P.C. filed by the parties has been rejected by holding that as the applicants have been convicted under Section 498 -A of IPC and sentenced to R.I. for 03 years and fine of Rs.500/ - each vide judgment dated 05.09.2013 delivered in Criminal Case No.1715/2004, therefore, the permission to compound the aforesaid offence could not be granted.

(2.) The respondent no.1 had filed a complaint before Judicial Magistrate First Class, Chhindwara registered as Criminal Complaint Case No.1715/2004. After recording of the evidence, learned Judicial Magistrate First Class, Chhindwara has convicted the applicants under Section 498 - A/34 of IPC vide judgment dated 05.09.2013 and sentenced to R.I. for 03 years and fine of Rs.500/ - each. The applicants being aggrieved by the conviction and sentence filed an appeal under Section 374 of Cr.P.C. before the learned Sessions Judge, Chhindwara which is pending adjudication.

(3.) During the pendency of the appeal parties have entered into compromise and filed an application before the lower Appellate Court for compounding the offence punishable under Section 498 -A of IPC. Learned Lower Appellate Court rejected the application by holding that as the applicants have been convicted under Section 498 -A of IPC and sentenced to R.I. for 03 years and fine of Rs.500/ - each vide judgment dated 05.09.2013 delivered in Criminal Case No.1715/2004, therefore, the permission to compound the aforesaid offence could not be granted.