Decided on February 27,2005

HARIRAM Appellant


- (1.) This order shall dispose of M. Cr. P. No. 771/2005 being on application filed by the applicants under Section 320 read with Section 482 Cr. P.C, for composition of a non-compound able offence under Section 498-A of the I .P.C. 1A. Briefly stated the facts are as under: Applicant No. 4- Naresh Kumar Agrawal was married to Smt. Manju Devi Agrawal on 11-6-1985. Applicants No. 1 and 2 are the parents and applicants No. 3, 4 and 5 are the brothers of Naresh Kurnar Agrawal, applicant No. 6 is wife of one Prernchand, younger brother of Naresh Kumar Agrawal and applicants No. 7 and 8 are the brother-in-laws of Naresh Kumar Agrawal.
(2.) Upon a complaint being lodged by Jaiprakash Agrawal on 5-11-1985 for harassment of his sister Smt. Manju Devi Agrawal by the applicants herein on account of demand for dowry, offences under Section 498-A of the I.P.C. and Section 4 of Dowry Prohibition Act, 1961 were registered. After investigation, the applicants were prosecuted and convicted by Judicial Magistrate First Class on 15-9-1989 in Criminal Case No. 700/1989 under Section 498-A of the I.P.C. and Section 4 of Dowry Prohibition Act, 1961 and were sentenced for R.I. for two years each with fine of Rs. 200/- under Section 498-A of the I.P.C. and R. I. for one year and a fine of Rs. 500/- under Section 4 of Dowry Prohibition Act, 1961. The applicants herein preferred on appeal against the conviction and sentence as aforesaid in Cr. Appeal No. 126/1989. The Sessions Judge, Raigarh while partly allowing appeal and acquitting the applicants herein under Section 4 of Dowry Prohibition Act, 1961 confirmed the conviction and sentence awarded by the trial Judge under Section 498-A Of the I.P.C.
(3.) During the pendency of the criminal trial, the husband-applicant No. 4 had filed Civil Suit No. 6-A/ 1989 for dissolution of marriage under Section 12 of Hindu Marriage Act, 1955. It is stated that during the pendency of this Civil Suit, parties entered into a compromise. Thereafter, the applicant No. 4 herein made an application under Section 13 (2) of Hindu Marriage Act, 1955 for divorce which was registered as Civil Suit No. 13-A/1998. In view of the compromise arrived at between the parties both the Civil Suit N0.6-A/1989 as well as Civil Suit No. 13-A/1998 were referred to Lok Adalat on 2-8-1998. Civil Suit No. 6-A/1989 was dismissed and in Civil Suit No. 13-A/1998 a decree for divorce was passed between the applicant No. 4 herein and Smt. Manju Devi Agrawal.;

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