RAMESHWAR ALIAS PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) :- This criminal misc. petition has been filed by the accused petitioners under Section 482, Cr.P.C. against the order dated 16-5-2000 passed by the learned Additional Sessions Judge No. 2, Bhilwara in Criminal Appeal No. 287/96 whereby the learned Additional Sessions Judge No. 2 rejected the application of the accused petitioners and non-petitioner No. 2 filed in the Court to compound the offence under Section 498A, IPC.

(2.) It arises in the following circumstances :- The accused petitioners were convicted by the trial Court for the offence under Section 498A, IPC by judgment and order dated 4-2-1994 and each of them was sentenced to undergo six months RI and to pay fine of Rs. 500/- in default of payment of fine, to further undergo three months RI. Against that judgment and order, an appeal was filed by the accused petitioners which was being heard by the learned Additional Sessions Judge No. 2, Bhilwara. During the pendency of the appeal, both accused petitioners and the complainant non-petitioner No. 2 filed an application for permitting the parties for compromise but the same was rejected by the learned Additional Sessions Judge No. 2, Bhilwara vide order dated 16-5-2000 holding that Section 498, IPC is not compoundable and against that order, this petition under Section 482, Cr.P.C. has been filed.

(3.) This Court in Ram Kishore v. The State of Rajasthan, 1989 Cri LR (Raj) 386 has held that it is proper to accord permission to compound offence under Section 498A, IPC. Similar view is taken by the Hon'ble Andhra Pradesh High Court in Thathapadi Venkatalakshmi v. State of Andhra Pradesh, 1991 Cri LJ 749. This Court in a latest decision in Ghanshyam Saini v. State of Rajasthan, (2000) 2 Raj LW 1067 has further reiterated the same view.