BIRDI CHAND Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Crimial P.C. praying that the order dated 16th July, 2013 passed by Judicial Magistrate No.2, Distt. Jaipur whereby he partly accepted the compromise qua offence under Sec. 494 Penal Code and rejected the same qua offence under Sec. 498A Penal Code on the ground that the same is non-compoundable be set aside and the proceedings arising out of impugned FIR be set aside.

(2.) Counsel for the petitioner has submitted that petitioner was married with respondent No.2 Smt. Prem Devi. It is contended that since the matrimonial relations had turned sour, respondent No.2 had lodged the FIR for offences under Sec. 498A and 406 IPC. Counsel for the petitioner has submitted that during the pendency of the proceedings, a joint application was filed by the petitioner and the respondent No.2 wherein it was prayed that since compromise has been arrived between the parties and petitioner has handed over Rs. 3,50,000.00 as final settlement of the matrimonial dispute to the respondent No.2, proceedings be dropped. Counsel for the petitioner has contended that vide order dated 16th July, 2013, compromise has been accepted qua offence under Sec. 494 Penal Code but the same has been rejected qua offence under Sec. 498A IPC.

(3.) Shri NS Dhakkar, learned Public Prosecutor has not denied that the compromise was affected between the parties and the same was presented before the trial court.