SUSHMA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as the Code), read with Article 227 of the Constitution of India, petitioners have sought quashing of proceedings, pursuant to F.I.R. No. 487, dated 9.9.1999, under Sections 323, 109, 498 -Aand 506 I.P.C., registered at Police Station, Una, in case No. 178 -1/1999, pending in the Court of the learned Judicial Magistrate (II), Una.

(2.) THE material and admitted facts for the purpose of disposal of his petition are that petitioner No. 1 lodged the aforesaid F.I.R. and on investigation, the officer incharge, Police Station, Una, submitted a charge sheet against petitioner Nos. 2 to 4, under Sections 498 -A, 323, 109 and 506 I.P.C. On the basis of the charge -sheet, the trial Court summoned petitioners 2 to 4. On 12.6.2003, an application under Section 320 of the Code was presented by petitioner No. 1 before the trial court for composition of the case on the grounds that she is legally wedded wife of petitioner Des Raj and petitioners Raj Rani and Raj Kumar, being brother and brothers wife of the accused, are closely related to each other and that petitioner No. 1 had been living with petitioner No. 2 happily eversince her marriage but in September, 1999, some misunderstanding took place between them which led to the lodging of the F.I.R., though in fact there was no demand for dowry not was there any alleged beating at the time of the lodging of the F.I.R. Petitioner No. 1 is residing with the other petitioners and to save the relations and harmony in the family, she be permitted to compound the case. The learned trial Magistrate dismissed the application on the ground that an offence punishable under Section 498 -A is not compoundable and could not be permitted to be compounded. It is against this background that the present petition has been filed by the petitioners for quashing the aforesaid F.I.R./case and the proceedings therein.

(3.) I have heard the learned counsel for the petitioners and the learned Deputy Advocate General for the respondent -State and have also gone through the records.