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1989 Supreme(Raj) 973

K.S.LODHA
Shanti Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. G.M. Bhandari, Advocate.
For the Respondent: Mr. Vimal Mathur, P.P.
For the Complainant:Mr. S.R. Kumbhai, Advocate.

JUDGMENT

1. - This misc. petition has been filed by Shantilal against the order of the learned Munsif and Judicial Magistrate, Bar refusing to accord permission to compound an offence under Section 498A on the ground that the offence is not compoundable.

2. I have heard learned Counsel for the petitioner, learned Public Prosector and the learned Counsel appearing for Smt. Vimla.

3. Although some cases have been cited by the learned Counsel for the petitioner whereby this Court has directed the trial court to grant permission to the parties to compound offence under sec 498A relying on a decision of their Lordship of the Supreme Court in Mahesh Chand v. State of Rajasthan AIR 1988 SC 2111 . I am of the opinion that I need not go into this question since. In my opinion, the proceedings in this case could not have been initiated at all on the police challan as in the absence of an information from any of the persons mentioned in clause 4 of the Schedule against the offence under sec 498A. The Police could not have taken cognizance of the matter and could not have put up the challan on such cognizance. In this schedule, the offence has been made cognizable only if the information relati





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