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RAMESHWAR @ PAPPU & ORS. Vs. STATE OF RAJASTHAN & ORS.

Judgements favoring men

 
Court: RAJASTHAN HIGH COURT

Bench: JUSTICE Sunil Kumar Garg

RAMESHWAR @ PAPPU & ORS. Vs. STATE OF RAJASTHAN & ORS. On 22.1.2001

Law Point:
Settlement and Understanding Between Spouses to Amicably Live Together with Harmony: Permission to Compound Offence Granted.

 

 

JUDGEMENT

 

This criminal miscellaneous petition has been filed by the accused petitioners under Section 482, Cr.P.C. against the order dated 16.5.2000 passed by the learned Additional Sessions Judge No. 2, Bhilwara in Criminal Appeal No. 287/96 whereby the learned Additional Sessions Judge No. 2 rejected the application of the accused petitioners and non-petitioner No. 2 filed in the Court to compound the offence under Section 498A, I.P.C.

2. It arises in the following circumstances :

The accused petitioners were convicted by the Trial Court for the offence under Section 498-A, I.P.C. by judgment and order dated 4.2.1994 and each of them was sentenced to undergo six months’ RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo three months’ RI. Against that judgment and order, an appeal was filed by the accused petitioners which was being heard by the learned Additional Sessions Judge No. 2, Bhilwara. During the pendency of the appeal, both accused petitioners and the complainant/non-petitioner No. 2 filed an application for permitting the parties for compromise but the same was rejected by the learned Additional Sessions Judge No. 2, Bhilwara vide order dated 16.5.2000 holding that Section 498-A, I.P.C. is not compoundable and against that order, this petition under Section 482, Cr.P.C. has been filed.

3. This Court in Ram Kishore v. The State of Rajasthan & Ors., 1989 Cr.LR (Raj.) 386, has held that it is proper to accord permission to compound offence under Section 498-A, I.P.C. Similar view is taken by the Hon’ble Andhra Pradesh High Court in Thathapadi Venkatalakshmi v. State of Andhra Pradesh, 1991 Cr.LJ 749. This Court in a latest decision in Ghanshyam Saini v. State of Rajasthan & Anr., 2000 (2) RLW 1067, has further reiterated the same view.

4. Keeping in mind the law laid down in the above rulings and keeping in mind that the basic object of any matrimonial law is to facilitate a happy and harmonious matrimonial life between the spouses though under different circumstances they approached the Court and permission sought for to compound the offence under Section 498A, I.P.C. pursuant upon the settlement and understanding between the spouses to amicably live together with harmony should be accorded by this Court under Section 482, Cr.P.C.

5. Therefore, in view of the larger interest of the parties and to secure ends of justice, this criminal miscellaneous petition under Section 482, Cr.P.C. is allowed straightaway and the impugned order of the learned Additional Sessions Judge No. 2, Bhilwara dated 16.5.2000 is set aside and the learned Additional Sessions Judge No. 2, Bhilwara is directed to accord permission to compound the offence under Section 498A, I.P.C. in terms of the application, presented before the Court. The parties are directed to appear before the learned Additional Sessions Judge No. 2, Bhilwara on 3.3.2001.

Petition allowed.

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