ROHIT PRAJAPAT Vs. STATE OF RAJ

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-accused under Section 482 of Cr.P.C. against the order dated 26th July, 2012 passed by the Addl. Chief Judicial Magistrate, Beawar, District Ajmer (hereinafter referred to as 'the trial court') in Cr. Case No. 969/10, whereby the trial court has dismissed the application to discharge the petitioner on the basis of the compromise arrived at between the petitioner and the respondent No.2.

(2.) IN the instant case the petitioner is the husband of respondent No.2. The respondent No.2-complainant had filed the criminal complaint against the petitioner before the Addl. Chief Judicial Magistrate under Section 498-A and 406 of IPC. After the investigation directed by the Magistrate under Section 156(3) of Cr.P.C., the Police Station, Beawar City registered the case as FIR No. 203/10. The challan was also filed by the INvestigating Officer under Section 406 and 498-A IPC before the concerned court and the court after framing the charge against the petitioner has proceeded with the trial of the case. On 26.7.12, the petitioner and the respondent No.2 filed the joint application before the trial court for compounding the offences under Section 406 and 498-A of IPC on the basis of compromise arrived at between them. The trial court permitted the parties to compound the offence under Section 406 of IPC, however did not permit to compound the offence under Section 498-A of IPC vide the impugned order dated 26.7.12 and hence the present petition has been filed.