SNEHA MEENA @ DEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 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 No.2, Udaipur (hereinafter referred to as 'the trial court') in Criminal Regular Case No.2746/2018 (arising out of FIR No.158/2017 Police Station Ambamata, Udaipur), whereby the trial court vide order dtd. 14/11/2019 has attested the compromise for the offences punishable under Ss. 323 and 506 IPC but refused to attest the compromise for the offences punishable under Ss. 387, 452, 327 of IPC as the same are not compoundable.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the Police Station Ambamata, Udaipur registered an FIR No.158/2017 against the petitioner. After investigation, the police filed charge sheet against the petitioner for the offences punishable under Ss. 387, 323, 506 of IPC in the Court of Additional Chief Judicial Magistrate, Udaipur, wherein the trial is pending against the petitioner for the aforesaid offences. During the pendency of the trial, a joint 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. The learned trial court vide order dtd. 14/11/2019 allowed the parties to compound the offences punishable under Ss. 323 and 506 of IPC, however, rejected the application so far as it relates to compounding the offences punishable under Ss. 387, 452 and 327 of IPC.

(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.