- (1.) By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioners have impugned the order dated 22nd December, 2009, whereby the learned Judicial Magistrate, Nokha, District Bikaner verified the compound petition for the offences under Sections 323 and 354 of Indian Penal Code as they are compoundable but denied to verify the same for the offences under Sections 406 and 498A of Indian Penal Code as they are not compoundable under Section 320 of Cr.P.C.
(2.) Skipping unnecessary details, the necessary facts for deciding the instant petition are, in nub, thus: That one FIR No. 225/2005 came to be filed at Police Station, Nokha, District Bikaner. After completion of investigation, the police filed police report under Section 173(2) of Cr.P.C. against the accused persons namely Laxmi Narayan, Kishan Lal, Manoj Kumar, Pana Devi and Sarita in the offences under Sections 498A, 406, 323 and 354 of Indian Penal Code on 14th October, 2005 in the court of Judicial Magistrate, Nokha. Having heard the charge arguments, the accused Manoj Kumar was indicated for the offences under Section 498A, 406, 323 and 354 of Indian Penal Code. The accused persons namely Pana Devi, Sarita and Laxmi Narayan were charged for the offences under Sections 498 A, 406, 323 of Indian Penal Code and the charge of the offences under Sections 498A and 406 was framed against the accused Kishan Lal, who did not plead guilty and claimed to be tried. During the pendency of trial, both the complainant as also the accused persons entered into a compromise and submitted a compound - petition seeking permission of the Court to compound the offences under Sections 498A, 406, 323 and 354 of Indian Penal Code. Learned Judicial Magistrate, Nokha having considered all the facts on record, found that the value of property involved in the offence under Section 406 of Indian Penal Code was more than 2000/- rupees and thus, the offence Under Section 406 of IPC was not compoundable. Similarly, the offence under Section 498-A of Indian Penal Code was also not compoundable under Section 320 of Cr.P.C., 1973. Hence, the learned Judicial Magistrate having granted the permission to compound the offence under Section 354 of Indian Penal Code, verified the compound petition for the offence under Ss. 323 and 354 of Indian Penal Code, but denied to verify the compromise under Section 406 and 498 A of Indian Penal Code as they are not compoundable under Section 320 of Cr.P.C.
(3.) Heard the learned Counsel for the parties and carefully perused the relevant material on record including the relevant provisions of law.;