V.S. Dave, J. - (1.) This is an application under Section 482 Cr.P.C. against the order passed by the learned Judicial Magistrate No. 2. Jaipur City, Jaipur dated 26-10-89 for quashing the order to the extent that the learned Magistrate has refused to compound the case under Section 4 of the Dowry Prohibition Act (for short the Act).
(2.) Facts of this case are that non-petitioner No. 2 Smt. Saroj w/o Mahendra Kumar had filed a complaint against the petitioners for offences under Sections 352, 341, 323 IPC and Section 4 of the Act. During the pendency of the case, a joint application by the petitioner and the non-petitioner was presented for compounding the case against the petitioners. The trial Court compound the case for offences under Sections 3^2, 341 and 323 IPC but refused the application for compounding the case under Section 4 of the Act since the same is non compoundable offence. It is pertinent to mention here that father-in-law of the respondent non-petitioner Smt. Saroj i.e. Sushil Kumar, filed a FIR against Saroj and her husband Mahendra Kumar that she caused injuries to the ear of Smt. Kapoor Kumari. petitioner in this case. The police after investigation presented the charge-sheet for offence under Sections 326, 341, 328 and 4 2 IPC against Smt. Saroj. Application for compromise was also filed in that case. The trial Court permitted to compromise the offence under Sections 341 and 323 IPC but refused the permission for offence, under Sections 326 and 452 IPC.
(3.) Relying on a decision of this Court in Hari Narain and others v. State of Rajasthan (1989 RCC 335) Hon'ble Justice Mrs. Kapur vide judgment dated 20.12.89 permitted the compounding of the offence. However, the present case, which is the case in between the same parties, could not be disposed of as it was filed late in this court.;