DEEPAK DAWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Pursuant to the order of Reference, passed on 3-10-97 by one of us (N. K. Jain, J.) this M. Cr. C. has been placed before us for resolving the question as extracted below :

(2.) The applicants herein are facing criminal trial (Criminal Case No. 3771/95 State of M.P. v. Deepak) in the Court of Judicial Magistrate, First Class, Indore, instituted on a police report, u/Ss. 406 and 498-A, IPC. When the case was fixed for evidence on 30-5-97, an application was filed by respondent No. 3 Smt. Leena Dawar, u/S. 320(2) Cr. P.C., for permission to compound the offences against the applicants. The learned trial Magistrate by his order dated 30-5-97, dismissed the application holding that the offences against the applicants are non-compoundable and no permission can, therefore, legally be granted in view of the express bar contained under sub-sec. (9) of S. 320, Cr. P.C. Aggrieved by the said Order, the applicants came up before this Court u/S. 482, Cr. P.C. seeking quashment of the proceedings against them.

(3.) As there was divergence of judicial opinion of various High Courts as also of this High Court, on the question as to whether a non-compoundable offence can be allowed, or directed to be compounded by the High Court in exercise of its inherent powers u/S. 482 Cr. P.C., the single Bench, vide its order dated 3-10-97 was of the opinion that the question needs to be resolved by a Larger Bench. The matter was accordingly placed before Hon'ble the Chief Justice and by his Order the matter has been placed before us for resolving the question, as extracted above.