IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1086 OF 2008 IN CRIMINAL APPEAL NO.1100 OF 2002 Smt.Kamal Bhaskar Gavli .. Petitioner V/s. Shri Bhaskar Nivruti Gavli & Ors. .. Respondents Mr.Anilkumar Patil for Petitioner. Mr.D.P.Adsule, A.P.P.for the State. Mr.P.N.Joshi for Respondent No.2. CORAM : A.R.JOSHI, J. DATED : APRIL 8TH, 2009. P.C. Heard rival submissions for short. 2. It is the application preferred by the Applicant original complainant wife who lodged complaint against her husband, her mother in law, brother and sister of her husband for the offence 1 punishable under section 498 A, 313 read with section 34 of Indian Penal Code. The original accused Nos. 1 and 4 i.e. the husband and mother in law were convicted by 5th Additional Sessions Judge, Nashik. Such conviction is challenged by accused No.1 and 4 in criminal Appeal No.1100 of 2002, which is pending for final hearing. In the meantime, the present Application is filed asking for compounding of the matter in terms of the consent terms filed alongwith the present Application. Said consent terms are in form of a customary divorce deed purported to have been prepared on Rs.100/- stamp paper, and it is the executed on 31st May, 2004 between the original accused No.1 and present Applicant original complainant, his wife. 3. On hearing the rival submissions and also hearing the learned A.P.P. for State, and on perusing the contents of the present Applicant alongwith the accompanied copy of customary divorce deed, it appears that such type of consent terms cannot be legally accepted putting an end to the pending criminal Appeal No.1100 of 2002 in as much as the offence for which original Appellants were convicted i.e. the offence punishable under section 313 and 498 A of Indian Penal Code are not compoundable even without the permission of the Court and in fact the matter has reached in the Appellate stage after conviction by learned Sessions Judge. 2 4. In view of the above, there are no merits in the present criminal Application and hence, the same is dismissed and disposed of accordingly. 4. Criminal Appeal No.1100 of 2002 be listed for final hearing at its own turn. (A.R. JOSHI, J.) 3