SHIVNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 432, Cr. P.C. is directed against the order dated January 10, 1990 of the Munsif and Judicial Magistrate, Jaitaran, refusing to verify the compromise filed by the parties under Section 320, Cr.P.C.

(2.) The case relates to the incident, which took place as back as July 22, 1985. Two cross cases were registered against the accused and the complainant Shanti Lal. The present accused are facing trial for the offence under Sections 147, 325 and 326/149, I.P.C. In the cross case, the complainant party was facing trial for the offence under Sections 323 and 325/34, I.P.C. Both the parties entered, into a compromise and sought the permission of the Court for the same. In the cross case, the permission was granted and the matter was allowed to be compromised. In the present case, however, the compromise was refused on the ground that the offences, for which the accused are facing trial, are not compoundable.

(3.) The Supreme Court, in Mahesh Chandra and another v. The State of Rajasthan, (citation is not given) where the accused was being tried for the offence under Section 307 I.P.C. directed the Trial Court, to accord permission to compound the offence.