NIRMAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This joint Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the accused i.e. petitioner No. 1 and complainant i.e. petitioner No. 2 with the prayer for giving appropriate direction to the Judicial Magistrate, First Class, Pali for allowing compromise between the petitioners for the offence punishable under Section 498-A I.P.C. in Criminal Case No. 37 of 2011, State v. Nirmal Kumar pending in his Court.

(2.) Brief facts of the case are that on a complaint lodged at the instance of petitioner No. 2, the Police Station, Pali has registered an F.I.R. No. 66/2010 dated 25.9.2010 against the petitioner No. 1. After investigation, the police filed challan against the petitioner No. 1 for the offence punishable under Sections p 498-A, 406 and 323 I.P.C. in the Court of Judicial Magistrate, First Class, Pali wherein the trial is pending against the petitioner No. 1 for the aforesaid offences.

(3.) During the pendency of the trial, an application was preferred on behalf of the accused i.e. petitioner No. 1 as well as the complainant i.e. petitioner No. 2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The Judicial Magistrate, First Class, Pali vide order dated 19.12.2013 allowed the parties to compound the offence under Sections 406 and 323 I.P.C., however, no order passed for compounding the offence under Section 498-A I.P.C.