MAHENDRA KUMAR BAIRWA 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, PCPNDT Act Cases, Udaipur (hereinafter referred to as 'the Trial Court'), State Vs. Mahendra in Criminal Regular Case No. 2671/2018 (arising out of F.I.R. No. 349/2017 Police Station Sukher, Udaipur), whereby the Trial Court vide order dated 3.12.2019 has attested the compromise for the offences punishable under Section 509 I.P.C. but refused to attest the compromise for the offence punishable under Section 292 and Sections 67, 67-A of Information Technology Act 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 Sukher, Udaipur has registered an F.I.R. No. 349/2017 against the petitioner. After investigation, the police filed charge-sheet against the petitioner for the offences punishable under Sections 292, 509 and 67 and 67-A of Information Technology Act (Amendment), 2000 in the Additional Chief Judicial Magistrate PCPNDT Act Cases, Udaipur, 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. The learned Trial Court vide order dated 3.12.2019 allowed the parties to compound the offence under Section 509 of I.P.C. however, rejected the application so far as it relates to compounding the offences punishable under Section 292 of I.P.C. and Sections 67, 67-A of Information Technology (Amendment) Act.

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