HARSHIT KOTHARI 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 the petitioner before the learned Additional Chief Judicial Magistrate No. 2, Udaipur (hereinafter to be referred as 'the trial court') in Criminal Regular Case No. 2688/2020-State of Rajasthan v. Harshit Kothari (arising out of FIR No. 20/2020 of Police Station, Mahila Thana, District Udaipur), whereby the trial court vide order dtd. 19/8/2021 has attested the compromise for the offence punishable under Sec. 406 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 Police Station Mahila Thana, Udaipur has registered an FIR No. 20/2020 against the petitioner. After investigation, the police filed charge sheet against the petitioner for offence under Ss. 406 and 498A I.P.C. in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. During the pendency of the trial, a joint 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. 19/8/2021 allowed the parties to compound the offence punishable under Sec. 406 I.P.C., however, rejected the application so far as it relates to compounding the offence punishable under Sec. 498A I.P.C.

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