Nakul Sharma and 11 Ors. vs The State of Bihar and Others

Shyam Kishore Sharma, J.—This writ application has been filed by the petitioners for quashing the entire proceeding of Complaint case No. 58C of 1999 pending in the court of judicial Magistrate, Lakhisarai in the light of the judgment rendered by the Hon''ble Supreme Court in the case of B.S. Joshi and others vs. The State of Haryana and another reported in 2003 Vol. IV SCC Page 675. It has been submitted on behalf of the petitioners that in the complaint case u/s 498 (A) of the Indian Penal Code, the parties have compromised the case and they are not willing to contest the case but they are being forced to contest it.

The result is clear that there is bound to in acquittal after involving huge litigation costs and also times of all the parties.

In this State, in all the districts a number of cases are pending u/s 498(A) of the Indian Penal Code in which the parties have compromised the case and they are not willing to lead the evidence. Technically, the cases are not compoundable u/s 320 of the Code of Criminal Procedure. So the Courts can not grant permission to compound it but the Supreme Court and a number of High Courts are quashing the cases of such nature on the ground that good relationship has been restored and the technical objection should not come in the way of settling marital life of the parties.

Learned counsel for the State is present. He will obtain information from all the districts as to in how many cases of Section 498(A) of the Indian Penal Code the parties have compromised the case as the cases are pending and the parties are not willing to contest the cases. Thereafter the State counsel will bring those informations on record by filing a counter affidavit so that this court may pass order whether all such type of cases should be disposed of in terms of the compromise or whether the State/ Complainant should be allowed to withdraw all such cases or whether the parties should be allowed to contest those cases. The State counsel will obtain such information within two months.

Put up this case after two months.

In the meantime, no coercive step shall be taken against the petitioners. Let a copy of this order be given to the S.C. 7 for needful.