LAWS(RAJ)-2022-1-66

PUSHPA KANWAR Vs. STATE OF RAJASTHAN

Decided On January 19, 2022
Pushpa Kanwar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioner being aggrieved with the order dtd. 29/3/2019 passed by the Judicial Magistrate No. 3, Bikaner (for short 'the trial court') in CRC No. 634/2019.

(2.) Learned counsel for the parties have submitted that the petitioner and the private respondents have already settled their dispute amicably. It is submitted that during pendency of the trial, the petitioner has filed an application before the trial court with a prayer for quashing the criminal proceedings pending against the private respondents on the basis of compromise arrived at between them, whereby the trial court vide order dtd. 29/3/2019 has attested the compromise for the offences punishable under Ss. 406 and 323 IPC, but refused to attest the same for the offence punishable under Sec. 498-A IPC, as the same is non-compoundable.

(3.) Learned counsel for the petitioner has argued that as the petitioner and the private respondents have already entered into compromise and on the basis of it, the private respondents have been acquitted for the offences punishable under Ss. 406 and 323 I.P.C., there is no possibility of their conviction for the offence punishable under Sec. 498-A I.P.C. Learned counsel for the petitioner, therefore, has submitted that the petitioner does not want to press the charges levelled against the private respondents as the dispute between the parties has already been settled amicably.