HOTI LAL @ RAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. has been filed by the petitioner-accused challenging the order dated 26.7.2012, passed by the Additional Civil Judge(J.D.) and Additional Chief Judicial Magistrate No.3, Bharatpur, (hereinafter referred to as "the trial Court ") in Cr. Case No. 215/2011, whereby the trial curt has declined to compound the offence under Section 498-A of IPC, in view of the compromise made by 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 a criminal complaint against the petitioner before the Court, which was sent for investigation u/Section 156(3) of Cr.P.C. to the concerned Police Station Mahila Thana, Bharatpur. The F.I.R. being No.178/2007, was registered against the petitioner pursuant to the said order. After the completion of the investigation, the charge sheet was filed against the petitioner for the offence under Sections 498-A, 406 IPC. When the trial court framed the charges against the petitioner and proceeded with the trial, the petitioner and the respondent no. 2 submitted a compromise stating interalia that they have settled their disputes and are staying together as husband and wife and requested the court to permit them to compound the offences. Vide the order dated 26.7.2012, the trial court permitted the parties to compound the offence under Section 406, however, declined to discharge the petitioner for the offence under Section 498-A of IPC, the offence being non-compoundable. Being aggrieved by the said order, the present petition has been filed by the petitioner-accused under Section 482 of Cr. P.C.