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1992 DIGILAW 807 (RAJ)

Sudha Gupta (Sen) v. State of Rajasthan

1992-09-25

N.L.TIBREWAL

body1992
JUDGMENT 1. - This petition has been filed by the wife Smt. Sudha Mehta (now Sen) u/s. 482 Cr.P.C. with a prayer to permit compounding of the offences U/ss. 498-A, 406 & 323 IPC. 2. In brief, the facts may be narrated. The petitioner made a report at Police Station-Mahila Thana-Jaipur, on June 30,1992. On this report, Crime No. 86/92 registered U/ss. 498-A, 406 & 323 IPC. In the report, it was given out that she was married to Pradeep Sen on Jan. 21, 1992 at Jaipur and since then, she was living with him in the ancestral house along with his grandmother and mother. It was also stated in the report that she was a Teacher in Maheshwari Public School while her husband is employed in Indian Plywood Co. Ltd. In the report, an accusation was made against her husband to have slapped her and thrown her on the ground. There was further allegation about abusing and assaulting her after drinking liquor. In the report, she had also made a prayer at her articles and ornaments which are lying in the steel almirah be arranged to be given to her. 3. On this report, the case was registered U/ss. 498-A, 406 & 323 IPC. It appears that subsequently, the police submitted a charge-sheet against her husband, Shri Pradeep Sen in the court of Judicial Magistrate No. 18, Jaipur City, Jaipur U/ss. 498-A & 323 IPC situated in Mini Secretariat, Bani Park, Jaipur. 4. Now, the wife has approached to this Court with a prayer that she be permitted to compound the offences with her husband. In the petition, she has stated that both are well educated and understand the social as well as personal obligation to each other. After the incident which took place, the husband is feeling atonement ana was be having sincerely. In the petition, it was also stated that she was living with her husband peacefully and no untoward incident or treatment has taken place thereafter. The petitioner has further stated that during the investigation itself, she and her husband had sufficient mental torture. 5. The petitioner had appeared in person before me. Her husband Shri Pradeep Sen was also present in the Court when the case was called. The petitioner has further stated that during the investigation itself, she and her husband had sufficient mental torture. 5. The petitioner had appeared in person before me. Her husband Shri Pradeep Sen was also present in the Court when the case was called. They also submitted an undertaking before me, which reads as under:- "UNDERTAKING" We, Pradeep Sen son of late Shri Dhruv Nath Sen and Smt. Sudha Mehta now Smt. Sudha Sen wife of Shri Pradeep Sen, residents of Corner House, Opposite Peters Nursing Home, Nathroi, Ajmer Road, Jaipur, do hereby undertake as under:- 1. That we both are husband and wife. Now we both the husband and wife have reconciled our disputes and are living as husband and wife peacefully after inception of F.I.R. 2. I, Pradeep Sen undertake that in future he will not repeat any of the atroceus acts of cruelty, mal treatment, misbehaviour and will live peacefully in all aspects of social, personal and professional life. 3. I, Smt. Sudha Mehta now Smt. Sudha Sen also undertake that I will cooperate with cordiality and peace in all respects, of the married life. (Pradeep Sen) (Smt. Sudha Mehta) Now Smt. Sudha Sen 6. Though, in the petition, the petitioner has is prayed to permit the compounding of the offences, but, this prayer cannot be granted in view of the fact that the offence u/s. 498-A IPC is not compouncable. However, in the facts and circumstances of the case and taking into consideration that in case the criminal case against the husband is permitted to continue, it may again break the matrimonial relations between the parties, I am of the view that it is a fit case in which the proceedings should be quashed by this Court in exercise of powers U/s. 482 Cr.P.C. both the spouse are living matrimonial life happily and peacefully and if some incident had taken place earlier for which the husband is repented and the wife is also not interested to prosecute him, the interest of justice warrants that the said prosecution should not be permitted to continue. 7. Consequently, I allow this petition and quash criminal proceedings pending in the court of Judicial Magistrate No. 18, Jaipur City situated in Mini Secretariat, Bani Park, Jaipur arising from FIR No. 86/92 PS-Mahila Thana, Jaipur. *******