NAKUL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed by the petitioners for quashing the entire proceeding of Complaint case No. 58C of 1999 pending in the court of judicial Magistrate, Lakhisarai in the light of the judgment rendered by the Hon ble Supreme Court in the case of B.S.Joshi and others vs. The State of Haryana and another reported in 2003 Vol. IV SCC 675.

(2.) IT tias been submitted on behalf of the petitioners that in the complaint case under Sec. 498 (A) of the Indian Penal Code, the parties have compromised the case and they are not willing to contest the case but they are being forced to contest it.

(3.) IN this State, in all the districts a number of cases are pending under Sec. 498(A) of the Indian Penal Code in which the parties have compromised the case and they are not willing to lead the evidence. Technically, the cases are not compoundable under Sec.320 of the Code of Criminal Procedure. So the Courts can not grant permission to compound it but the Supreme Court and a number of High Courts are quashing the cases of such nature on the ground that good relationship has been restored and the technical objection should not come in the way of settling marital life of the parties.