JUDGMENT 1. - This miscellaneous petition is directed against the order dated December 17, 1991, passed by the Munsif and Judicial Magistrate, Sumerpur, by which the learned Magistrate partly allowed the application under section 320 Cr.PC and allowed the parties to compound the case so far as it relates to Section 323 IPC, but refused to allow the parties to compound the matter for the offences under sections 498-A and 147 IPC as both the offences are not compoundable. 2. Accused-petitioner Madan Lal, Moti Lal, Smt. Shanti, Mst. Godawari, Dileep and Bhagwati are facing trial in the Court of the Munsif and Judicial Magistrate, First Class, Sumerpur, for the offences under Sections 498-A, 323 and 147 IPC. The criminal proceedings were initiated on the basis of the complaint lodged by the petitioner No. 1 Smt. Jasoda. PW 1 Ghisu Lal was examined by the Court on 21-10-91, and part of the statement of PW 2 Jasoda was, also, recorded, Thereafter an application under Section 320 Cr.PC was moved by the complainant that the parties have arrived at a compromise and they may be allowed to compound the matter and the proceedings may be quashed. The learned Magistrate partly allowed the application so far as it relates to the offence under section 323 IPC and acquitted the accused, but, however, he did not allow the parties to compound the matter for the offences under Sections 147 and 498-A IPC, as according to the learned Magistrate, both these offences are not compoundable. It is against this order that the petitioner has preferred this miscellaneous petition. 3. I have perused the order passed by the Court below as well as the record of the case. 4. It is not in dispute that the offences under Sections 498-A and 147 IPC are not compoundable, but the dispute is between the wife and the husband and if they have amicably settled their disputes and want to live peacefully and amicably and the in-laws of the complainant are ready to keep the complainant (wife) with dignity and honour in the family of her in-laws then the Court is not expected to come in the way of settling of their disputes by way of a compromise-deed. It will be in the interest of justice that the parties should be allowed to compound the matter and to bridge-up the differences between them as they are close relatives.
It will be in the interest of justice that the parties should be allowed to compound the matter and to bridge-up the differences between them as they are close relatives. When the complainant and the accused have settled their differences and with open heart want to live together then it will be in the interest of justice that the Court should come to their rescue and allow them to compound the matter as that will advance the cause of justice, for which the Courts are established. 5. In the result, the miscellaneous petition, filed by the petitioners, is allowed. The order dated 17-12-1991 passed by the learned Munsif and Judicial Magistrate, First Class, Sumerpur, is set-aside and the learned trial Court is directed to accord permission to the parties to compound the offences after giving an opportunity of hearing to both the parties and after being satisfying with the compromise agreed upon.Petition allowed. *******