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1994 DIGILAW 37 (PAT)

Jai Prakash Chaurasia v. State Of Bihar

1994-01-31

NARAYAN ROY

body1994
Judgment Narayan Roy, J. 1. In this case, a joint petition has been filed on behalf of the complainant and this petitioner for compromising the case launched by opposite party No. 2, wife of this petitioner, under Secs. 498-A, 406 and 494 of the Indian Penal Code. Now in this petition it has been stated on behalf of the wife that she is not willing to prosecute the petitioner. In this case, I find that the case has been instituted upon a complaint filed by opposite party No. 2. In this case, the petitioner is also prosecuted under Sec. 494 of the I.P.C. as per Sec. 198 of the Cr. P.C. I find that the prosecution under Sec. 494 of the I.P.C. can only be initiated on the complaint made by the aggrieved party. Here, the complainant has come forward in this application before this Court showing her willingness not to proceed with the matter. I find that the offence under Secs. 498-A, 406 and 494 of the I.P.C. are not compoundable. 2. Counsel for the parties have placed reliance in Mahesh Chand and another V/s. State of Rajasthan. In Mahesh Chand (supra) J find that the offence was under Sec. 307 of the I.P.C. and since the parties had come to an agreement and good sense had prevailed upon them, the Supreme Court directed the Court below to permit the parties to compound the Offence. 3. In this case I find that the complainant wife has shown her willingness not to prosecute the petitioner and she has come to this Court and joined hands by filing compromise petition along with the accused petitioner. I have given anxious consideration to the case and also the plea put forward for seeking permission to compound the offence. After examining the nature of the case and the circumstances under which the offence has bee committed it would be proper to compound the offence, and in my opinion, it would also meet the ends of justice. 4. I accordingly direct the learned Magistrate to record the compromise after giving opportunity to the parties of being heard and in case the Court is satisfied it shall permit the parties to compound the offence. With the above observations/directions, this application is disposed of.