SHIVANI BASU Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed for quashment the order dated 7.5.2007 passed by Sri Priyadarshi, Judicial Magistrate at Deoghar in T.R. No. 104 of 2007 arising out in PCR Case No. 234 of 1999 whereby and whereunder the compromise petition filed on behalf of the complainant -opposite party No. 2 Annpurna Basu and Bochai Basu (petitioner No. 2) was refused and the Court declined to recall the prosecution witnesses for their further cross -examination.

(2.) IT was observed by the trial Court below that in n non -compoundable case a witness should not be permitted to be recalled for further cross -examination in order to enable him to resile from his earlier statement, by citing the decision reported in, 2005 AIR SCW 2770. In my view, the learned trial Court lost sight of the fact that it was a matrimonial dispute and in catena of decisions, the Apex Court and various High Courts have taken lenient view for settlement of the dispute between the husband and wife. In that view of the matter the Court below ought to have considered the compromise petition.