CHANDERLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused -applicants have directed this petition U/S. 182 CrPC for quashing the order dated 2.2.1995 rendered by JMFC Ratlam in Criminal Case No. 251/94 thereby refusing to compound the offence and acquitting the applicants from the charges under Section 498 -A IPC on the application filed U/S. 320 (2) of the CrPC.

(2.) BRIEFLY stated the facts of the case lie in a narrow compass are, that on the report of non -applicant No.2 Smt. Indira Kumari, wife of applicant No.4 Vijay Kumar, an offence U/S. 498 -A IPC was registered against the applicants at PS Station Road, Ratlam. On investigation, Police filed the chalan against the applicants U/S. 498 -A IPC. The learned Magistrate framed charges against the applicants for the offence punishable U/S. 498 -A IPC. During the course of the trial the applicants and non -applicant No.2 filed compromise along with the petition for grant of permission to compound the offence U/S. 320 (2) of CrPC. The learned Magistrate, refused to compound the offence on the ground that the offence charged against the applicant is not compoundable U/S. 320 of the CrPC. Aggrieved, the applicants have filed this petition U/S. 482 CrPC for quashing of the impugned order and acquitting applicants from the offence punishable U/S. 498 -A IPC after accepting the compromise.

(3.) THE only contention of the learned counsel for the applicants is that though the offence charged against the applicants is not compoundable U/S. 320 of the CrPC but as the parties have compromised the matter in connection of the dispute existed between husband and wife, it is in the interest of both the parties that permission to compound the said offence be granted in exercise of the inherent powers of this Court U/S. 482 CrPC. The learned counsel relied on the decision of this Court in case of Ratandev Handa v. State of Madhya Pradesh (1993 -C.Cr.J -NOC -2) and the decision of the Hon'ble Rajasthan High Court in case of Gurucharan Kaur v. State of Rajasthan (I 993 -CrLJ 2076).