MINU 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 him before the Additional Metropolitan Magistrate No.2, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case NCV No. 5793/2016 - State of Rajasthan Vs. Minu Singh (arising out of FIR No.21/2013 of Women Police Station, Jodhpur), whereby the trial court vide order dtd. 4/12/2021 has attested the compromise for the offences punishable under Ss. 406 and 323 IPC but refused to attest the compromise for the offence punishable under Sec. 498-A IPC as the same is not compoundable.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the Women Police Station, Jodhpur has registered the FIR No.21/2013 against the petitioner. After investigation, the police filed challan against the petitioner for offences punishable under Ss. 406, 323 and 498-A IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. During the pendency of the trial, two applications were 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 trial court vide order dtd. 4/12/2021 allowed the parties to compound the offences punishable under Ss. 406 and 323 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Sec. 498-A IPC.

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