POORNIMA RAJPUROHIT 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 Chief Judicial Magistrate, Jodhpur District (hereinafter to be referred as 'the trial court') in Case No. 1055/2021 (arising out of FIR No. 32/2018 of Police Station Mahamandir, District Jodhpur), whereby the trial court vide order dtd. 25/11/2021 has attested the compromise for the offence punishable under Sec. 427 IPC but refused to attest the compromise for the offence punishable under Sec. 456 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 Police Station Mahamandir, District Jodhpur has registered an FIR No. 32/2018 against the petitioner for the offences punishable under Ss. 218, 219, 221, 379, 380, 427, 458 and 120-B IPC. After investigation, the police filed final report against the petitioner for the offences punishable under Ss. 427 and 456 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. 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 dtd. 25/11/2021 allowed the parties to compound the offence punishable under Sec. 427 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Sec. 456 IPC.

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