SHANKERLAL Vs. STATE

JUDGEMENT

(1.) The instant petition under section 482 of the Code of Criminal Procedure has been filed seeking indulgence in the matter of refusing to discharge the accused persons of offence under Section 498A I.P.C. irrespective of the fact that a compromise has arrived at between the parties.

(2.) Briefly stated the facts of the case are that the second respondent-Smt. Sunita Chawala lodged a report against the petitioners constituting an offence under Section 498A I.P.C. Presently, the petitioners are facing trial for offence under Section 498A I.P.C. in the Court of Additional Chief Judicial Magistrate, Nimbahera, District Chittorgarh. During the trial, a compromise has taken place between the parties and as such a joint application was submitted to drop the proceedings. The application has been rejected by the learned Magistrate by order dated 16.8.2003 for the reason that offence under Section 498A I.P.C. is not compoundable.

(3.) It is now well settled by series of decisions of Apex Court and this Court that in a matter of offence pertaining to matrimonial dispute, with a view to encourage the genuine settlement, this Court has power under section 482 of the Code of Criminal Procedure to accept the compromise even in the case of 498-A IPC which is non-compoundable and acquit the accused person. Reference be made to the decisions of the Apex Court viz., B.S. Joshi and Ors. v. State of Haryana and Anr., reported in (2003) 4 SCC 675; Ram Swaroop v. State and Anr., reported in RLW 2002(2) Raj. 842; Rameshwar @ Pappu and Ors. v. State of Rajasthan and Ors., reported in RLW 2001(2) Raj. 793 and Kailash Chandra and Ors. v. Smt. Basanti, reported in 1989 Cr.L.R. (Raj.) 558.