THENDUP SHERPA Vs. STATE OF SIKKIM
LAWS(SIK)-2010-6-2
HIGH COURT OF SIKKIM
Decided on June 14,2010

Thendup Sherpa Appellant
VERSUS
STATE OF SIKKIM Respondents

JUDGEMENT

- (1.) While the father-in-law of the husband filed a first information report alleging commission of offence by the husband against the wife punishable under section 498-A of Indian Penal Code, the wife filed a complaint under section 12 of Domestic Violence Act. Subsequent thereto, husband and wife have in writing compromised all their disputes inter se them. Under the said compromise, husband and wife are to live in harmony as is expected of them, and the wife has agreed to withdraw the case lodged by her. In accordance with promise held out in the said compromise, wife has withdrawn the complaint lodged by her under section 12 of Domestic Violence Act and the said complaint now stands disposed of. However, the first information report resulting in registration of the case against the husband under section 498-A of I.P.C. is pending.
(2.) In view of the said compromise, the present petition has been filed by the husband, wife and the father-in-law seeking permission to compromise the said case pending against the husband under section 498-A of I.P.C. In as much as, offence under section 498-A of I.P.C. is not compoundable, in view of section 320 of the Criminal Procedure Code we cannot grant permission to the applicants before us to compromise the case pending against the husband under section 498-A of I.P.C. However, having regard to the facts and circumstances of the case, and in particular to help the parties to live a harmonious family life, we can, and should exercise our power under section 482 of the Code and thereby, in as much as section 320 of the Code is no bar to exercise of such power, in view of the judgment of the Hon'ble Supreme Court, rendered in the case B.S. Joshi and others v. State of Haryana and another, 2003 5 AllIndCas 42 (SC) quash the F.I.R. pertaining to the said case against the husband under section 498-A of I.P.C. and all further proceedings in connection therewith.;


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