KAPILDEO DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Counsel for the State as well as learned Counsel for the opposite parties.

(2.) It is submitted by learned Counsel for the petitioners that due to some misunderstanding with the Meera Devi wife of the petitioner-Arun Kumar Dubey @ Arun Kumar Dwivedi a complaint was filed by his father-in-law Ram Dahin Tiwari alleging that his daughter-Meera Devi was married with one of the petitioners-Arun Kumar Dubey @ Arun Kumar Dwivedi in the year 1994. After marriage, her husband demanded Rs. 50,000/ - as additional dowry and since he is not prepared to fulfill the demand they are torturing his daughter and also they are giving threat of murder of his daughter. He also alleged that on inquiry he came to know that his daughter has been assaulted by her husband and in-laws and accordingly the complaint was filed which was subsequently sent to police to register it as F.I.R. Then the same was registered as per Garhwa P.S. Case No. 91 of 2008 under Sections 323/307/436/498A/34 and Section 3/4 of the Dowry Prohibition Act.

(3.) After investigation it appears that the police submitted charge-sheet only against the husband-Arun Kumar Dubey @ Arun Kumar Dwivedi under Sections 306/494 of the Indian Penal Code and subsequently learned Chief Judicial Magistrate, Garhwa took the cognizance against all the accused persons under Sections 307/498A/306/494/120B of the Indian Penal Code. It is submitted by learned Counsel for the petitioners that the parties have compromised the matter and presently the victim lady is living in the house of the petitioners and she has also given birth to a child from the marriage. In that view of the matter, the prosecution which is pending in the court-below may be quashed in the light of the judgment reported in, 2003 (2) East Cr. C 220 (SC) case of B.S. Joshi and Ors. v. State of Haryana and Anr. where it has been held that although offences under Sections 498 and 406 are non-compoundable but in certain condition ultimately when there is no chance of conviction and the parties want to compound the case the Court may quash the proceeding.