The High Court rejected a criminal application by an original complainant wife seeking compounding of offences under Sections 498A and 313 IPC via a customary divorce deed. The Court held these offences are non-compoundable and the matter is under appellate review.
Application for compounding dismissed; Criminal Appeal listed for final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1086 OF 2008 IN CRIMINAL APPEAL NO.1100 OF 2002
Smt.Kamal Bhaskar Gavli
.. Petitioner
V/s.
Shri Bhaskar Nivruti Gavli & Ors.
.. Respondents
Mr.Anilkumar Patil for Petitioner. Mr.D.P.Adsule, A.P.P.for the State. Mr.P.N.Joshi for Respondent No.2.
CORAM : A.R.JOSHI, J.
DATED : APRIL 8TH, 2009.
P.C.
Heard rival submissions for short.
1
punishable under section 498 A, 313 read with section 34 of Indian Penal Code. The original accused Nos. 1 and 4 i.e. the husband and mother in law were convicted by 5th Additional Sessions Judge, Nashik. Such conviction is challenged by accused No.1 and 4 in criminal Appeal No.1100 of 2002, which is pending for final hearing. In the meantime, the present Application is filed asking for compounding of the matter in terms of the consent terms filed alongwith the present Application. Said consent terms are in form of a customary divorce deed purported to have been prepared on Rs.100/- stamp paper, and it is the executed on 31st May, 2004 between the original accused No.1 and present Applicant original complainant, his wife.
2
hearing at its own turn.
(A.R. JOSHI, J.)
3
3 issues framed by the court
Whether a customary divorce deed can legally compound offences under Sections 498A and 313 IPC which are non-compoundable.
Whether the High Court can accept consent terms to dispose of a pending criminal appeal.
Whether a criminal application for compounding of offences during the pendency of an appeal is maintainable.
Smt. Kamal Bhaskar Gavli
Shri Bhaskar Nivruti Gavli & Ors.
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
