GURSHARAN KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under S. 482, Cr. P.C. against the order of the learned Munsif and Judicial Magistrate, Sri Ganganagar, dated 2/01/1993 by which he refused permission under S. 320, Cr. P.C. for compounding offences punishable under Ss. 406 and 498A, IPC. The facts of the case may be summarised thus :-

(2.) FIR No. 91/92 was registered at the police station, Matili Rathan (Sri Ganganagar) under Ss. 406 and 498A, IPC. at the instance of the petitioner against her husband Baldeo Singh. After necessary investigation, the Police filed challan against her husband Baldeo Singh, father-in-law and mother-in-law under Ss. 406 and 498A, IPC in the Court of Munsif-cum-Judicial Magistrate, Sri Ganganagar. An application under S. 320, Cr. P.C. was moved by the complainant Gurucharankaur for the grant of permission to compound the said offences. The learned Magistrate dismissed the application and refused the permission as the offences were not compoundable.

(3.) It is contended by learned counsel for the petitioner that a compromise has been effected in between the complainant Gurcharan Kaur and her husband Baldev Singh, they are living together happily, if the case continues their relation may again become strained, and ii is in the interest of both the parties that permission to compound the said offences is granted. He relies upon Surendra Nathmal Rathi v. State of Maharashtra 1992 Cri LJ 2106 (Bombay), Smt. Jasoda v. State of Rajasthan, 1992 Cri LR (Raj) 530 and State of Karnataka v. Basavaraju, (1990) 2 Crimes 196.