1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO.593 OF 2011. RAVINDRA PUNJABRAO MANOHARE & 3 OTHERS VS STATE OF MAHARASHTRA ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Shri P.S. Tiwari Advocate for the applicants no.1 to 3. Shri A. S. Tiwari advocate for applicant no.4 Shri Sonare, APP for State Coram: S.B. DESHMUKH, J Dated : NOVEMBER 17th 2011 This application has filed by the applicants (4 in number) under Section 482 of the Criminal Procedure Code. The applicant no.4 Netta is the wife of the applicant no.1 Ravindra. The applicant nos.1 and 4 are present before the Court. The applicant nos.2 and 3 are not present. Learned Counsel Mr. P.S. Tiwari who appears for the applicant nos.1 to 3 and Mr. A. S. Tiwari Advocate who appears for the applicant no.4 Neeta are present before the Court. They identified the applicant nos. 1 and 4 respectively. The applicant no.4 Neeta admits her signature and verification on this application. The applicant no.1 and 4 have admitted the contents of this application. On the basis of the report lodged by the applicant no.4 offence punishable under Section 498-A read with 2 Section 34 of the Indian Penal Code has been registered with Police Station Ashti, District Wardha, against the applicant nos.1 to 3. It was First Information Report No.13 of 2008. The said FIR was registered on 31-1-2008. After completing investigation, Police Officer concerned has filed the Chargesheet No.38 of 2008 in the Court of the Judicial Magistrate First Class, Ashti. The said chargesheet has been registered as Regular Criminal Case No.84 of 2008 and is pending in the Court of the learned Judicial Magistrate First Class, Ashti, District Wardha. The learned Counsel present before the Court state that the applicants have amicably settled their grievances. The applicant no.4 Neeta W/o Ravindra Manohare and the applicant no.1 Ravindra Punjabrao Manohare, young couple, have settled their grievances amicably and willing to stay together. The learned Counsel for the applicants state that even though Section 498-A of the Indian Penal Code is not compoundable under Section 320 of the Code of Criminal Procedure, this Court may exercise inherent power under Section 482 of the Code of Criminal Procedure permitting compounding of the offence and quashing the Regular Criminal Case No.84 of 2008 pending before the learned Judicial Magistrate First Class, Ashti, District Wardha. Mr. P. S. Tiwari, the learned Counsel for the applicants relied on the Judgment of the Hon’ble Supreme Court in the 3 matter of B.S. Joshi and others Vs. State of Haryana and another, reported in AIR 2003 Supreme Court 1386. With the assistance of the learned Counsel for the parties and learned APP, I have gone through the Judgments, copy of which is made available. The Hon’ble Supreme Court considered the scope of Section 482 of Criminal Procedure Code. Identical was the situation in the cited Judgment. The wife had reported the grievance to the police and offence under Section 498-A of the I.P.C. was registered against the husband and in laws. The Counsel appearing for the applicants Mr. P. S. Tiwari relied upon the Judgment in the case of Bhavika Manoj Sonar VS. Manoj Narendra Sonar and Anr. Reported in 2010 ALL MR (Cri) 2816 rendered by the learned Single Bench of Aurangabad Bench, and another order passed by the learned Single Bench is in the matter of Anjusingh Pramodsingh Rajput Vs. State of Maharashtra & Anr., reported in 2009 ALL MR (Cri) 763. In my view, the ratio of the Judgment of the Hon’ble Supreme Court squarely applies to the facts of the present case. Criminal Application accordingly is allowed in terms of prayer clause (a) and disposed of. No costs. JUDGE SBM 4