JAI PRAKASH CHAURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case, a joint petition has been filed on behalf of the complainant and this petitioner for compromising the case launched by opposite party No. 2, wife of this petitioner, under Sections 498-A 406 and 494 of the INdian Penal Code.

(2.) NOW in this petition it has been stated on behalf of the wife that she is not willing to prosecute the petitioner.

(3.) IN this case, the petitioner is also prosecuted under Section 494 of the I.P.C. as per Section 198 of the Cr. P.C. I find that the prosecution under Section 494 of the IPC can only be initiated on the complaint made by the aggrieved party. Here, the complainant has come forward in this application before this Court showing her willingness not to proceed with the matter. I find that the offence under Sections 498-A, 406 and 494 of of the IPC are not compoundable.