SUBHASH Vs. STATE

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against the petitioner before the learned Additional Chief Judicial Magistrate, Pipar City, District Jodhpur (hereinafter referred to as 'the trial court'), State vs. Subhash in Criminal Regular Case No.1577/2018, whereby the trial court vide order dated 16.12.2019 has attested the compromise for the offences punishable under Section 406 IPC but refused to attest the compromise for the offence punishable under Sections 498-A IPC as the same is not compoundable.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the Police Station Pipar City, Jodhpur registered an FIR No.242/2017 against the petitioner. After investigation, the police filed charge sheet against the petitioner for the offences punishable under Sections 498-A and 406 of IPC in the Additional Chief Judicial Magistrate Pipar City, District Jodhpur, wherein the trial is pending against the petitioner for the aforesaid offence. During the pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated.

(3.) The learned trial court vide order dated 16.12.2019 has allowed the parties to compound the offence under Section 406 IPC however, rejected the application so far as it relates to compounding the offences punishable under Section 498-A IPC.