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1997 Supreme(Raj) 174

SHIV KUMAR SHARMA
Saleem – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Akhil Simlote, for Petitioners S.S. Rathore, Public Prosecutor, for State

Honble SHARMA, J. – Should this Court invoke inherent powers u/S. 482 of the Code of Criminal Procedure, for quashing the proceedings of the criminal case of matrimonial offences not compoundable under law, is the crucial question which arises for determination in this petition.

(2). This question has emerged in the following circumstances :–

(i) Smt. Ulfat Bano was married to petitioner Saleem but their marriage did not prove successful. Sarafat Ali, father of Smt. Ulfat Bano instituted FIR against the petitioner Saleem and his parents Vasir Ahmed and Smt. Razia. Police Station Kotwali, Sikar submitted charge sheet against them u/Ss. 498-A, 406 & 323 IPC in the Court of

Civil Judge (J.D.) and Judicial Magistrate Sikar.

(ii) During the pendency of criminal case No. 57/1996, a compromise was entered into between the informant Sarafat Ali, his daughter Smt. Ulfat Bano and the petitioners Saleem, Vasir Ahmed and Smt. Razia. Therefore a joint application was filed on 2.1.1997 before the trial

Court seeking permission to compound offences u/S. 498-A & 406 IPC.

(iii) The trial Court, vide order dated 14.1.1997, rejected the application.

(iv) The petitioners have filed this petition u/S. 482 Cr.








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