PANKAJ KHAPRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Section 482 Cr. P.C. has been filed by the accused petitioners with the prayer that the order dated 7/11/2003 passed by the learned AddI. Chief Judicial Magistrate No.1, Chittorgarh by which he refused to attest the compromise filed by the accused petitioners as well as complainant-respondent No. 2 on the ground that some of the offences were not compoundable, be quashed and set aside and the criminal proceedings pending against the accused petitioners be quashed and set aside.

(2.) It arises in the following circumstances: A challan was filed against the accused petitioners by the SHO, Police Station Pratapgarh for the offences under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act in FIR No. 478/2000 in the Court of AddI. Chief Judicial Magistrate No. 1, Chittorgarh, where a regular criminal case No. 529/2003 was registered. During the course of the said criminal proceedings, a compromise was filed in the Court of AddI. Chief Judicial Magistrate No. 1, Chittorgarh on 7-11-2003 by the accused petitioners and the complainant respondent No. 2 stating inter alia that since the matter has been compromised between the accused petitioners and the complainant respondent No. 2, therefore, the cri-minal proceedings against the accused petitioner be dropped and the compro-mise be attested. However, the learned AddI. Chief Judicial Magistrate No. 1, Chittorgah through impugned order dated 7-11- 2003 refused to attest the com-promise on the ground that some of the offences were not compoundable. Hence, this misc. petition under Section 482 Cr. P.C.

(3.) I have heard the learned coun-sel for the accused petitioners, learned Public Prosecutor and the learned counsel for the complainant respondent No. 2 and gone through the materials available on record.