ORDER

1. This is a petition under section 482 of the Code of Criminal Procedure for quashment of Criminal Case No.121/2018 pending before JMFC, Jhabua arising out of Crime No.45/2018 registered at P.s. Jhabua for commission of offence u/s.498-A, 34 of IPC on the ground of compromise between the applicants and the respondent No.2.

2. An application for compounding was filed before the trial Court and the statement was also recorded by the Magistrate but since the offence was non compoundable, and, therefore, compounding was not permitted.

3. Counsel for respondent No.2 does not dispute the said fact that the matter has been compromised between the parties.

4. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case. The apex Court in the case of Gian Singh v. State of Punjab and Anr. reported in (2012) 10 SCC 303 after considering the the provisions of section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non-compoundable offence.

Relevant part of the order of the order reads as under :--

"Quashing of of ence or criminal proceedings on the ground of settlement between an of ender and victim is not the