(Querist) 17 April 2008
This query is : Resolved
as per the recent judgments of the many Hon'ble high courts and our Hon'ble Apex court, offence under section 498A of Cr.P.C and section 4,5,6 of Dowry Prohibjtion Act are should be made compoundable and the high courts allowed the accused and the wife to compromise the matter and quashed the FIR, kindly refer the cases reported in 1) II (2004) DMC 76 bombay 2) II (2005) DMC 412 Raj 3) 1(2005) DMC 232 4) 1(2005) DMC 311 SC
is there any judgements to show that even the magistrate can allow the compromise petition and permit the parties to compound the matter?
(Expert) 18 April 2008
No magistrate can not allow the compounding of the offences which r not compoundable in terms of Section 320 of the Cr.P.C One has to go for quashing of the FIR (if FIR case) under Section 482 of Cr.P.C. In complaint case the complaint may be withdrawn. Please refer to a recent Full Bench judgement of the Punjab and Haryana High Court titled Kulvinder Singh v/s State of Punjab passed in the year 2007.
(Expert) 12 June 2008
the practice generally adopted in cases of compromise in 498A cases by magistrats is that they proceed with the trial and in one or two dates they acquit the accused on the basis of evidence of the wife. The case is not made compoundable by CrPC therefore the magistrate has no jurisdiction to compound the case.
(Expert) 17 June 2008
I agree with the views made by the above hon'ble members.