AIR 2014 SUPREME COURT 3649 ::2014 AIR SCW 4781 ::AIR 2014 SC (Criminal) 2190 ::2014 (4) AJR 477 ::(2015) 1 AllCriR 264 ::(2014) 3 CurCriR 456 ::2014 (13) SCC 75 ::2014 (3) RecCriR 865 ::(2014) 8 Scale 638 ::2014 (59) OCR 135 ::(2014) 142 AllIndCas 242 (SC) ::(2014) 87 AllCriC 341 ::2014 AllMR(CRI) 2723

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Ranjana Prakash Desai, N. V. Ramana , JJ

Penal Code (45 of 1860) , S.498A— Dowry Prohibition Act (28 of 1961) , S.4— Cruelty and dowry demand - Even though parties arrived at a compromise - Order of conviction cannot be quashed on said ground because offences involved are non-compoundable - Appellant has undergone seven days sentence out of six months sentence imposed on him - In view of fact that about 7 years have gone by from date of their marriage and in interest of peace and amity - Sentence of appellant reduced to period already undergone by him subject to his paying Rs. 2,50,000/- as compensation to respondent-wife. Criminal P.C. (2 of 1974) , S.320— Section 498-A of the IPC is non-compoundable. Section 4 of the Dowry Act is also non-compoundable. It is not necessary to state that non-compoundable offences cannot be compounded by a Court. While considering the request for compounding of offences the Court has to strictly follow the mandate of Section 320 of the Code. It @page-SC3650 is, therefore, not possible to permit compounding of offences under Section 498-A of the IPC and Section 4 of the Dowry Act. However, if there is a genuine compromise between husband and wife, criminal complaints arising out of matrimonial discord can be quashed, even if the offences alleged therein are non-compoundable, because such offences are personal in nature and....