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1995 DIGILAW 130 (ORI)

ALI KHAN v. STATE OF ORISSA

1995-04-05

A.K.PADHI

body1995
JUDGMENT : A.K. Padhi, J. - The victim lady has appeared through counsel. Though the matter was listed for admission, with consent of the counsel for the parties, it is taken up for final disposal. 2. Heard counsel for the Petitioner, the learned Counsel appearing for the State and the counsel appearing for the victim lady. 3. This is an application for the quashing of the proceeding in G. R. Case No. 229 of 1994 on the file of the SDJM, Balasore arising out of Remuna P. S. Case No. 42 of 1994. Said case was instituted against the Petitioner on the allegation that he had tortured his wife and attempted to murther her as His demand for dowry was not fulfilled by the father of the victim lady. On the aforesaid allegations, a case has been registered under Sections 498-A 307/34, IPC and Section 4 of the Dowry Prohibition Act. In G.R. Case No. 229 of 1994. Aziman Nisa Bibi the victim lady has made a statement u/s 164, Code of Criminal Procedure that she has compromised the case with the accused persons with the intervention of some gentlemen of the village. She has further stated that she wants to live with her husband, Same statement is reiterated in this Court by the Counsel for the victim lady and it is submitted that the matter may be compounded. 4. On perusal of the injury report, which indicates that the injury which the victim lady had sustained is simple in nature, I am of the opinion that instead of taking cognizance u/s 307/34 IFC, the learned Magistrate should have taken cognisance u/s 223/34 IPC which is compoundable. 5. So far as the offences u/s 498-A IPC Section 4 of the Dowry Prohibition Act are concerned, the same have been inserted in the Statute Book by the Criminal Law (Second Amendment) Act, 1933 (Act 46 of 1983). The object of the amendment is to give protection to women against torture by her husband or any of his fimily members for non-fulfilment of their demand for dowry. There corresponding amendment in Section 320, Cr PC. 6. The object of the amendment is to give protection to women against torture by her husband or any of his fimily members for non-fulfilment of their demand for dowry. There corresponding amendment in Section 320, Cr PC. 6. Taking into consideration, the fact that the victim lady has compromised with her husband and wants to live with him as his wife I deem it proper that the cognizance taken by the learned Magistrate u/s 498-A. IPC and Section 4 of the Dowry Prohibition Act should be quashed in order bring amity between them as the victim lady has forgiven her husband and other accused persons. 7. In the result, the cognizance taken by the learned Magistrate against the Petitioner u/s 307/34, IFC is converted to one u/s 323 IPC and the proceeding initiated against the Petitioner u/s 498-A. IPC and Section 4 of the Dowry Prohibition Act is quashed. Since there has been a settlement between the parties, the Petitioner is acquitted of the offence u/s 323, IPC. 8. The Criminal Misc. Case is accordingly disposed of. 9. Urgent certified copy of the order if applied for be given by tomorrow. Final Result : Dismissed