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1999 Supreme(Raj) 818

J.C.VERMA
Ghanshyam Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.K. Singodia, for Petitioner Ganesh Meena, for Complainant B.M. Sharma, P.P.

Honble VERMA, J.–The present misc. petition has been filed by the husband of the non-petitioner No.2 Ganga and other petitioners who are close relatives of the petitioner. Petitioner No.1 had married to Ganga in July 1991. There was a male child born out of the wedlock. Relations between the parties got strained. The wife filed an FIR on 16.6.1995 with the Police Station Nawalgarh Distt. Jhunjhunu u/Sec. 498A, 323 and 149 IPC. The challan u/Sec. 173 Cr.P.C.. was put up before the competent Magistrate. Evidence was led. All the petitioners were convicted u/Sec. 498-A to one year each with fine of Rs. 500/-.

(2). The non-petitioner No. 1 filed a divorce petition u/Sec. 13 of the Hindu Marriage Act on the allegations mentioned therein, but the parties ultimately compromised the matter on 6.10.1999, copies of which compromise had been placed on record as Annexure-1 and 1A. The criminal case for which the petitioner has been convicted is under appeal before the appellate court. The parties submitted an application to the appellate court for compounding the offence on the grounds that the petitioner Nos. 1 and 2 have started living as husband and wife and the matter had been compromised,














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