VARUN ARORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 11.11.2014 with a prayer for quashing the proceedings pending against him before the learned Special Additional Chief Judicial Magistrate (PCPNDT Act), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No.29/2014 (State of Rajasthan Vs. Varun), whereby the trial court has attested the compromise for the offences punishable under Section 406 IPC but refused to attest the compromise for the offence punishable under Section 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 West, Jodhpur has registered an FIR No.165/2013 against the petitioner for the offences punishable under Sections 406 and 498 -A IPC. After investigation, the police filed charge -sheet against the petitioner for offence punishable under Sections 406 and 498A IPC before the trial court, wherein the trial is pending against the petitioner for the aforesaid offence.

(3.) DURING the pendency of the trial, an 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 decided to live together happily, therefore, the proceedings pending against the petitioner may be terminated. The learned trial court vide order dated 11.11.2014 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498 -A IPC. The present Criminal Misc. Petition has been preferred by the petitioner for quashing the said proceedings against him.