VIMLA DEVI Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Issue notice only to the State for final disposal, as there is no necessity to issue notice to the non-petitioner No. 2 Mr. Ashok Upadhyaya, Public Prosecutor for the State accepts notice. With the consent of the parties, the miscellaneous petition is finally heard.

(2.) By the instant criminal miscellaneous petition u/s. 482, Crimial P.C., the petitioner has challenged the Order dated 9.5.2005 passed by the learned Judicial Magistrate, Sardarshahar, District Churu (for short 'the Trial Court') hereinafter), by which the trial Court refused to record compromise between the parties and declined to drop the proceedings pending against non-petitioner No. 2 for the offence u/ss. 498-A & 406, Penal Code on the ground that these offences are not compoundable.

(3.) Succinctly stated, the facts of the case that on an FIR filed by the petitioner on 11.2.2002, after investigation, the police filed challan against non-petitioner No. 2 for the offences u/ss. 498-A & 406, Penal Code in the trial Court. Thereafter, on 9.5.2005, an application duly signed by both the parties, was submitted before the trial Court stating therein that the parties have amicably settled the dispute and there is re-union of matrimonial relation between the petitioner-complainant and non-petitioner, the petitioner is ready to live with the non-petitioner and settle matrimonial home and, therefore, they may be permitted to compound the offences. The trial Court declined to accept the application on the ground that the offences u/ss. 498-A & 406 Penal Code are not compoundable. Hence this miscellaneous petition.