SMT. INDIRA BHAI W/O RAJENDRA KUINAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1994-3-80
HIGH COURT OF RAJASTHAN
Decided on March 16,1994

Smt. Indira Bhai W/O Rajendra Kuinar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Y.R. Meena , J. - (1.) By this petition, the petitioner has prayed that impugned order dated 28.8.93 passed by learned Addl. Chief Judicial Magistrate No. 1, Kota be quashed.
(2.) The brief facts of the case are that the petitioner sent a complaint to the Dy.I.G. Range Kota and to the Supdt. of Police, Kota on 7.3.88 stating therein that her husband and members of his family are demanding dowry and they are torturing her. It has also been alleged that they have tried to commit her murder and therefore the case was registered for the offence under section 498-A of IPC. After investigation the challan was filed, but in trial the petitioner denied for all the charges against her husband and members of his family. Not only this, the petitioner has also filed an application before the trial court that she has no complaint against her husband and members of his family, and she is living happily with them, therefore the permission be given for compounding the case. But the trial court rejected the prayer of the petitioner on the ground that the case is not compoundable therefore no permission can be given for compounding the case. Being dissatisfied with the impugned order dated 28.8.93 of the trial court, the petitioner has filed this petition under section 482 Cr.P.C.
(3.) Learned counsel for the petitioner submitted that this issue is squarely covered by the decisions of this court in Smt. Jasoda and Ors. v. The State of Rajasthan (1992 Cr.L.R. (Raj. 530) ; Gursharan Kaur v. State of Rajasthan (1993 Cr.LJ. 2076) and Ram Kishore Sharma v. State of Rajasthan (1989 RCC 142) .;


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