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1987 DIGILAW 458 (RAJ)

Wahid Khan s/o Shri Rafiq Ahmed v. State of Rajasthan

1987-05-21

V.S.DAVE

body1987
JUDGMENT 1. - I have already passed a detailed order on 19-5-87. In that order, I came to a categorical finding that charge framed under section 307 IPC is not made out in the circumstances of the case because the injury is not sought to have been sufficient in the ordinary course of nature to cause death nor any motive has been proved to have given rise to come to a finding that accused could have an intention to cause death of Shabnam. Thus, the case remains to be a case under section 324 IPC and an application to compromise has been moved by the complainant Mst. Shabnam, which has been verified by the Dy. Registrar (Judicial) of this court. In this application under section 320 Cr. PC it has been mentioned that the complainant injured Shabnam and the accused Wahid Khan are wife and husband and even after this incident there had been a reproachment and both of them stand together. It is submitted that since after the charge sheet in this case was filed, the complainant Shabnam has also given birth to a child and in case, according to her, if the trial of her husband is permitted to proceed, then it will disturb the matrimonial harmony of the family. In normal course throw of the acid cannot be appreciated and is a type of henious offence, but at the same time if despite the injuries, accused offers to keep and actually keep her and is pardoned by the wife, it does not behaove the court to come in between couple to disturb the peaceful living of the family, particularly when the offence is one which is compoundable with the permission of the Court. 2. Accordingly, I grant the permission to the compound the case of Mst. Shabnam. The revision petition against the charge is treated as an application under section 482 Cr. PC for quashing the proceedings. In view of the compromise arrived at between the parties, I quash the charge. Information of this order shall be communicated to the trial court.Application allowed. *******