MADHUSUDAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 22.12.2008 passed by the learned Ad hoc Additional Sessions Judge (Fast Track), Nayagarh in Criminal Appeal No. 115/ 37 of 2002/1998 rejecting the application for compromise on the ground that the offences under Sections 498A, IPC and Section 4 of the D. P. Act are not compoundable.

(2.) MR . P.K. Maharaj, learned counsel appearing for the petitioners states that during pendency of the appeal, a compromise petition was filed by the parties but the same was rejected as the offence under Section 498A is not compoundable. He further states that this Court has the inherent power under Section 482 Cr.P.C. to quash the criminal proceedings in matrimonial disputes. Therefore, he seeks for quashing of the entire proceeding under Section 482 Cr.P.C.

(3.) MR . Mohapatra, learned counsel appearing for opposite party No.2 vehemently objected the prayer of the petitioners. He states that even though such compromise petition has been filed by the parties but subsequently the petitioners have not complied with the condition stipulated therein.