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Supreme Court of India · body

1996 DIGILAW 2366 (SC)

B. Laxmi v. B. Srinivasa Rao

1996-11-29

K.T.THOMAS, M.M.PUNCHHI

body1996
ORDER : M.M. Punchhi, J. 1. Leave granted. 2. In this appeal the dispute relates to a husband and wife. The wife filed a criminal complaint against her husband alleging commission of offences under Sections 494, 506, 365/511 Indian Penal Code. Process was issued against the husband. During that time the husband and wife settled their differences and sought to compound the offence. The criminal court had no difficulty insofar as offences punishable under Sections 494 and 506 Indian Penal Code were concerned. It had difficulty with regard to offence punishable under Sections 365/511 Indian Penal Code because offence under Section 365 Indian Penal Code was not compoundable. This view however cannot be questioned but from the complaint itself we find that Section 365 Indian Penal Code was not attracted at all. As per allegations made in the complaint the husband had with force put the wife into an auto-rickshaw and taken her to her father’s house where he left her. No mens rea is involved in effecting such act of kidnapping. This could be perhaps in the exercised right of the husband. The charge under Sections 365/511 Indian Penal Code thus had no basis and we quash the same. The rest of the offences are compoundable. Thus permission to compound, as sought, is granted. 3. The husband is acquitted of the charge. The appeal stands disposed of.