Rajendra Saxena, J.-This petition filed under Section 482, CrPC has been directed against the order dated 11-12-1995 passed by the learned Addl. Civil Judge and Judicial Magistrate No. 4, Jodhpur, whereby he did not accept the final report submitted by the Investigating Officer and took cognizance of the offence under Section 498A, IPC against the accused petitioners and issued bailable warrants against them.

2. It appearsthat non-petitioner Smt. Rajni alias Ganga filed a criminal complaint dated 18-11-1994 with the averments that she was married to petitioner Kishore Kumar on 22-7-1992 as per Hindu rites: that after two months of their marriage petitioner Kishore Kumar went away to Dubai and thereafter her mother-in-law Smt. Dropdi, aunt-in-law Smt. Lata(Mausi) and maternal uncle-in-law Khemdas subjected her to cruelty and made a demand from her for Rs. 20,000/-diamonds and other articles. That on 1-4-1993 her husband came from Dubai and she went to Dubai with him where she stayed till Dec. 1993 and there also her husband Kishore Kumar also harassed and subjected her to cruelty.

3. The said complaint was sent under Section 156(3), CrPC by the learned Magistrate to SHO P.S. Sardarpura, who registered the case and after investigation submitted a final report on the ground that non-petitioner Smt. Rajni has submitted a letter (Exhibit-P3) to the effect that since her husband had sent notice for divorce to her she got enraged and filed the said criminal complaint and that she did not want to pursue the same. The investigating officer also mentioned in the final report that a Sindhi Panchayat took place on 28-10-1994, wherein both the parties have compromised the matter. The learned Magistrate, however, did not accept the final report and on the basis of statements of witnesses recorded under Section 161, CrPC took cognizance for the offence under Section 498A, IPC against the petitioner. Hence, this petition.

4. Smt. Rajni alias Ganga has appeared in this Court in person. She has specifically stated that she does not want to press her criminal complaint, that she has already compromised the matter in the Panchayat of her community and that in pursuance thereof petitioner Kishore Kumar has already deposited an amount of Rs. 2,00,000/-in fixed deposit in her favour and returned all articles of her stridhan and that she and Kishore Kumar have also filed an application for divorce under Section 13(B) of the Hindu Marriage Act in the Family Court, Jodhpur.

5. The learned Public Prosecutor not opposed this petition.

6. I haveconsidered the submissions made before me. A purusal of the, impugned order indicates that the learned Magistrate has not given any valid reason for not accepting the final report submitted by the investigating officer and not placing any reliance on the letter (Exhibit-P3) submitted by non-petitioner Smt. Rajni. On the other hand, he has simply relied on the initial police statements given by Smt. Rajni and her witnesses. Smt. Rajni has in most clear, cogent and unambiguous terms stated in this Court that she has already compromised the matter with the petitioners that petitioner Kishore Kumar has also deposited an amount of Rs. 2,00,000/-as fixed deposit in her favour and has also returned all articles of her stridhan and now she does not want to press and pursue the criminal complaint filed by her. I am satisfied that the submissions made by Smt. Rajni are voluntary, without duress and that the compromise is for her benefit and welfare.

7. Itis true that offence under Section 498-A, CrPC is not compoundable. In Santokh Singh vs. State of Rajasthan, 1995 Raj Criminal 618 on the criminal complaint filed by wife cognizance for the offences Under Sections 498A and 406, IPC was taken by the judicial Magistrate against her husband and father-in-law and mother-in-law. Subsequently a compromise took place between them, and she started living with her husband. It was held that though the said offences may not be