KAMAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioners with a prayer for quashing the proceedings pending before the Judicial Magistrate, Pali in Criminal Regular Case No.84/2012 on the ground of compromise and against the order dated 07.03.2014 passed by the Judicial Magistrate, Pali, whereby he has attested the compromise for the offence punishable under Section 406 and 323 IPC and ordered to continue the proceedings against the petitioners for the offence punishable under Section 498-A IPC.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the same was forwarded under Section 156 (3) Cr.P.C. to the Police Station, Mahila Thana, Pali and the police registered an FIR No.70/2011 against the petitioners. After investigation, the police filed charge sheet against the petitioners for offence punishable under Sections 498-A, 406 and 323 IPC in the Court of Judicial Magistrate, Pali, wherein the trial is pending against the petitioners for the aforesaid offence.

(3.) During the pendency of the trial, an application was preferred on behalf of the petitioners as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The learned trial court vide order dated 07.03.2014 allowed the parties to compound the offence punishable under Sections 406 and 323 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498-A IPC.