Gursharan Kaur vs State of Rajasthan

Milap Chandra, J.—This petition has been filed u/s 482, Cr. P.C. against the order of the learned Munsif and Judicial Magistrate, Sri Ganganagar, dated 2nd January, 1993 by which he refused permission u/s 320, Cr. P.C. for compounding offences punishable under Sections 406 and 498A, IPC. The facts of the case may be summarised thus:--

FIR No. 91/92 was registered at the police station, Matili Rathan (Sri Ganganagar) under Sections 406 and 498A, IPC. at the instance of the petitioner against her husband Baldeo Singh. After necessary investigation, the Police filed challan against her husband Baldeo Singh, father-in-law and mother-in-law under Sections 406 and 498A, IPC in the Court of Munsif-cum-Judicial Magistrate, Sri Ganganagar. An application u/s 320, Cr. P.C. was moved by the complainant Gurucharankaur for the grant of permission to compound the said offences. The learned Magistrate dismissed the application and refused the permission as the offences were not compoundable.

It is contended by learned counsel for the petitioner that a compromise has been effected in between the complainant Gurcharan Kaur and her husband Baldev Singh, they are living together happily, if the case continues their relation may again become strained, and it is in the interest of both the parties that permission to compound the said offences is granted. He relies upon Suresh Nathmal Rathi and others Vs. State of Maharashtra and another, Smt. Jasoda v. State of Rajasthan 1992 Cri LR 530 and State of Karnataka v. Basavaraju (1990) 2 Cri 196.

The learned Sk. Saifuddin Mondal Vs. State and Another, that when an offence is not compounable u/s 320, Cr. P.C. permission should not be granted for compounding it.

It is not in dispute that on the information of the petitioner Gurusharan Kaur the case was registered against her husband Baldev Singh, father-in-law and mother-in-law under Sections 406 and 498A, IPC, the parties have compounded their dispute and are living together. It is in their interest that the said offences are compounded. The reported cases cited by the learned counsel, duly support him. In the facts and circumstances of the case, the petition deserves to be allowed.

The petition moved u/s 482, Cr. P.C. is allowed. The order of the learned Chief Judicial Magistrate, Sri Ganganagar dated 2nd January, 1993 is set aside. He is directed to grant permission to the wife-petitioner Gursharan Kaur for compounding in the offence punishable under Sections 406 and 498A, IPC.