- (1.) THIS petition has been filed under Section 482, Cr. P. C. against the order of the learned Munsif and Judicial Magistrate, Sri Ganganagar, dated 2. 01. 1993 by which he refused permission under Section 320 Cr. P. C. for compounding of tenses punishable under Sections 406 and 498a, I. P. C. The facts of the case may be summarised thus: -
(2.) F. I. R. No. 91/92 was registered at the police station, Matili Rathan (Sri Ganganagar) under Sections 406 and 498 A. , I. P. C. 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, I. P. C. in the Court of Munsif-cum-Judicial Magistrate, Sri Ganganagar. An application under Section 320 Cr. P. C. was moved by the Complainant Gurshankaur 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 Gursharan 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 Surendra Nathmal Rathi vs. State of Maharashtra (1), Smt. Jasoda vs. State of Rajasthan (2) and State of Karnataka vs. Basavaraju & Ors. (3 ). The learned Public Prosecutor submits that it has been held in 1983 R. L. W. 109 (4), that when an offence is not compoundable under Section 320, Cr. P. C. permission should not be granted for compounding it. It is not in dispute that on the information of the petitioner Gursharan Kaur the case was registered against her husband Baldev Singh, father-in-law and mother-in-law under Sections 406 and 498a, I. P. C. , 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 petitioner deserves to be allowed. The petition moved under Section 482, Cr. P. C. is allowed. The order of the learned Chief Judicial Magistrate, Shri Ganganagar dated 2. 01. 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 468 A, I. P. C. . ;