VIKESH KUMAR GAUTAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On conclusion of investigation, final form (charge sheet) was submitted on 31.5.2013 and consequently the order of cognizance was passed on 14.6.2013, whereby the learned Judicial Magistrate 1st Class, Patna directed for issuance of process after taking cognizance under Sections 341,323 and 498A IPC and Sections 3 and 4 of Dowry Prohibition Act. Other accused petitioners except husband Rupesh Kumar Gautam preferred applications for discharge under Section 239 Cr.P.C., but the same was dismissed. Subsequently, O.P. No. 2 Vashundhara Sharma and her husband i.e., petitioner Rupesh Kumar Gautam settled the issue and both decided to part ways on payment of permanent alimony of Rs.10 lakhs by the husband and by getting the marriage dissolved by filing proper suit under Sections 13(B) of the Hindu Marriage Act. Now, a joint compromise petition has been filed to the effect that the marriage has been dissolved with the consent of the parties vide judgment dated 11.12.2014 passed in Matrimonial Suit No. 5332 of 2014 by the learned Addl. Principal Judge, Family Court, Patna and accordingly the decree has been prepared. Permanent alimony of amount of Rupees Ten lakhs have already been received by the O.P. No. 2 Vasundhara Sharma. In the circumstances, the complainant is not opposing the quashing of the prosecution against the petitioners.

(3.) The Apex Court has also been deliberating upon the compoundability aspect of Section 498A IPC where the parties have themselves arrived at a settlement. The Supreme Court of India, in the case of Ramgopal Vs. State of M.P. and Anr, 2010 13 SCC 540 , has suggested the Law Commission of India to examine and send a suitable proposal to the Union Government for introducing a suitable amendment in the statute for making such offences compoundable. In the 154th Report of the Law Commission also there was a clear recommendation to make the offence under Section 498 IPC compoundable. Justice Mallimath Committee on Criminal Justice Reform also recommended that this provision should be made compoundable as well as bailable. The Committee of Petitions (Rajya Sabha), in the report presented on 7.9.2011, observed at para 13.2 under the heading "Making the offence under Section 498A IPC compoundable" which reads as follows: