GIRIDHAR MALAVIYA, K.D.SHAHI
MADHURIMA BHARGAVA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THE question referred by the single Judge, Honble S. K. Phaujdar, J. is :-"whether in exercise of powers under Section 482 Cr. P. C. , the Court could direct compounding the offences which are not made compoundable under Section 320 Cr. P. C. specially in case under Section 498-A of the I. P. C. "
( 2 ) IT shall be proper to give some facts of the case before adverting to reply the question. Smt. Meena Bhargava was wedded to Aditya Bhargava on 6th of October, 1990, according to Hindu rite and rituals. On 26-6-1992, she lodged a report at police station Haldwani, district Nainital under Section 498-A, I. P. C. and S. 3/4 Dowry Prohibition Act against her husband Aditya Bhargava, Nanads (husbands sister) Ku. Madhurima Bhargava and Kum. Kavita Bhargava, Jeth (elder brother of husband) Pradeep Bhargava, Jethani (elder brothers wife of husband) Smt. Krishna Bhargava, mother-in-law Smt. Subhashini and father-in-lawdr. P. D. Bhargava and on that basis police filed criminal case No. 799 of 1994 pending before the Chief Judicial Magistrate, Nainital. These accused persons filed a petition under Section 482 Cr. P. C. which was registered as Criminal Misc. Application No.
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