RAVI NATH VERMA,J. - (1.) The solitary question, which falls for determination in the instant case, is as to whether the matrimonial dispute resulting in filing of complaints by the wife under Section 498-A I.P.C and also under Section 4 of Dowry Prohibition Act and affirmed by the appellate court can be allowed to be compounded under Section 320 of the Code of Criminal Procedure (in short "the Code").
(2.) Bereft of unnecessary details, the facts, which is relevant for the proper adjudication of the issue involved in this Revision application, in short is that, at the instance of the complainant Afsana Khatoon, a complaint case bearing C.P. Case No. 1503 of 2009 was instituted under the aforesaid provisions of the Indian Penal Code and Dowry Prohibition Act with the allegation that her marriage was solemnized with Manzoor Alam-the petitioner no.1 on 10.05.2005 as per Muslim rites and rituals and since after marriage, the complainant along with petitioner no.1 were enjoying their conjugal life but after sometime, the accused persons including her husband started demanding rupees one lakh and a colour T.V and due to non-fulfilment of their dowry demands, she was subjected to physical and mental torture. Even, she was not provided meal and due to such assault, a newly born child died immediately after birth and for the treatment of the same Rs. 30,000/- was given by her father. Thereafter, male child came in their life, but as the demand of dowry was not fulfilled by her father, the accused persons were giving threatening to give her Talaque. An information was also given to D.S.P. Barhi and S.P. Hazaribagh and to the Woman Commission, but when no action was taken, the instant case was filed.
(3.) Learned Judicial Magistrate, 1st Class, Hazaribagh, after examination of the complainant on solemn affirmation and other witnesses took cognizance of the offence under Sections 323 and 498-A I.P.C and also under Sections 3/4 D.P. Act. After framing of charges, complainant's witnesses were examined and after hearing both the parties, the trial court convicted the petitioners under Section 498-A I.P.C and also under Section 4 of D.P. Act sentenced to undergo simple imprisonment for one year and six months respectively and on appeal preferred by the petitioners, appellate court affirmed the judgment of conviction and order of sentence. Hence, this Criminal Revision.;