ISHWARILAL AND 4 OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Thus petition arises out of an order dated 18.1.91 of the Judl. Magistrate Sambhar Lake refusing to compound the case for non-compoundable offence of Sec. 498-A I.P.C., but allowing to do so for other offences in Cr. Case No. 195/88.

(2.) Mrs. Jain placing reliance upon the decisions in 1989 (2) (UC) WLN PP 61 and 89 (Ram Kishore Vs. State) which were based on the decision in AIR 1988 SC P 2111 (Mahesh Chand Vs. State of Rajasthan), urged that the trial Court could have dropped the proceedings after according permission to compound the case by virtue of compromise for offence of Sec. 498 A, IPC, also.

(3.) Having benefited by the enlightments derived from the decisions (supra), I, therefore, allow this petition and direct the trial Court, to secure the ends of justice, to accord permission to compound the case, referred to in first Para of this order, ibid in terms of the compromise presented before it the parties are directed to appear before the trial Court on the next date, so us to get the compromise verified there. After verification of the compromise the trial Court is directed to proceed further for dropping the proceedings in the above said Cr. Case and compounding it according to law.