Citation for the compromise of u/s 498 (a) ipc
Brahma.garud@gmail.com
(Querist) 14 January 2012
This query is : Resolved
A married lady had registered a criminal case against her husband u/s 498 (A) IPC. By the passage of time forgetting their misunderstanding, now they are resuming their life under one roof. Now the I.O. has filed charge sheet against the accused husband. Now both the wife and husband are willing to compromise the case inside the magistrate court. For this a citation required. So please guide me in this matter.
Devajyoti Barman
(Expert) 14 January 2012
Citation can not help it as the Magistrate can not compound the offence which is non compoundable.
What the couple can do is to get the wife appear before the court, testify her statement and get her husband acquitted from the case.
Another option is to file mutual Quashing on the basis of compromise before the high court.
Raj Kumar Makkad
(Expert) 15 January 2012
This offence is not compoundable but definitely compromise can be got effected. There are two ways to do so. One is to send the case in conciliation center/lok adalat and get the statements recorded accordingly and matter ends accordingly and second is to become hostile while in regular evidence.
Shonee Kapoor
(Expert) 15 January 2012
Or the third option, if the evidence has already taken place is to get it quashed based on the compromise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 15 January 2012
For quashing purpose, a compromise application is required to be moved before trial magistrate who shall dismiss it and then to against his order before high court.
Sanjeev
(Expert) 15 January 2012
It would be better to get the case quashed from Hogh court based on the compromise. This would be faster as the magistrate court dont have the power to compound the case.
Advocate M.Bhadra
(Expert) 15 January 2012
Sec.498a IPC is not a compoundable offence,since the case is pending and the Police has filed charge sheet,Magistrate Court have no power to dismissed the case on the basis of compromise.So you can quash the said case u/sec.482 Cr.P.C in High Court supported by an Affidavit on appearance of your wife the said case.
M/s. Y-not legal services
(Expert) 15 January 2012
yes., my support also for go to quash proceedings before your high court..
-tom-
M/s. Y-not legal services
(Expert) 15 January 2012
Ruchi Agarwal v. Amit Kumar Agrawal and Others (SUPREME COURT OF INDIA)
Date of Judgment : 5/11/2004
Quashing of criminal complaint - Alleging offences under ss. 498A, 323 and 506 IPC, and ss. 3 and 4 of Dowry Prohibition Act - Quashing on ground of lack of territorial jurisdiction - Whether quashing of criminal complaint sustainable? - Held, that appellant having received relief she wanted without contest on basis of terms of compromise, cannot now accept argument of appellant - Conduct of appellant indicates that criminal complaint from which this appeal arises was filed by wife only to harass respondents - It would be an abuse of process of court if criminal proceedings from which this appeal arises is allowed to continue....
-tom-
Devajyoti Barman
(Expert) 15 January 2012
For quashing the complaint there is no need to frst file petition in the trial court and then challenge it in the higg court.
The parties can mutually file petition for quashing before the high court itself directly.
Brahma.garud@gmail.com
(Querist) 23 January 2012
Thanks Experts for responding & suggesting me. According to legal experts under sec 498 (A) IPC compromise cant be done in the trial court, either it can be quashed in the honorable high court under sec 482 CRPC or through decline by the victim/complainant the case can be put into end.
However I have collected few citation for quashing the offence under section 498 (A) IPC in the HC.
1. B.S.Joshing & others vs State of Haryana & others, 2003 (3) CTC 54 (SC)
2. Ramesh Ramamurthy & Others vs State & Another 2008(1) MLJ (CR)421
3. K.Prakash vs State 2007 (2) TNLR 316.
