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2003 DIGILAW 1358 (RAJ)

Shankerlal v. State

2003-09-24

N.N.MATHUR

body2003
JUDGMENT 1. - The instant petition u/s. 482 of the Code of Criminal Procedure has been filed seeking indulgence in the matter of refusing to discharge the accused persons of offence u/s. 498-A IPC irrespective of the fact that a compromise has arrived at between the parties. 2. Briefly stated the facts of the case are that the second respondent-Smt. Sunita Chawala lodged a report against the petitioners constituting an offence u/s. 498-A IPC. Presently, the petitioners are facing trial for offence u/s. 498-A IPC in the Court of Additional Chief Judicial Magistrate, Nimbahera, District Chittorgarh. During the trial, a compromise has taken place between the parties and as such a joint application was submitted to drop the proceedings. The application has been rejected by the learned Magistrate by order dated 16.8.2003 for the reason that offence u/s. 498-A IPC is not compoundable. 3. It is now well settled by series of decisions of Apex Court and this Court that in a matter of offence pertaining to matrimonial dispute, with a view to encourage the genuine settlement, this Court has power u/s. 482 of the Code of Criminal Procedure to accept the compromise even in the case of 498-A IPC which is non-compoundable and acquit the accused person. Reference be made to the decisions of the Apex Court viz., B.S. Joshi & Ors. v. State of Haryana & Anr., reported in (2003) 4 SCC 675 ; Ram Swaroop v. State & Anr., reported in RLW 2002(2) Raj. 842 ; Rameshwar @ Pappu & Ors. v. State of Rajasthan & Ors., reported in RLW 2001(2) Raj. 793 and Kailash Chandra & Ors. v. Smt. Basanti, reported in 1989 Cr.L.R. (Raj.) 558 . 4. In view of the aforesaid, the petition u/s. 482 Cr.P.C. is allowed. The order of the Additional Chief Judicial Magistrate, Nimbahera dated 16.3.2003 passed in Criminal Case No. 358/2001, State v. Shankarlal & Ors. is quashed and set aside. The learned Magistrate is directed to pass an appropriate order on the application filed by the petitioners u/s. 320-B of the Code of Criminal Procedure. It is made clear that the trial Court will not reject the application for compromise only on the ground that the offence is not compoundable.Petition allowed. *******