ANIL PURI & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioners as well as complainants in Criminal Case No. 204/2000 State of Rajasthan Vs. Anil Puri & Ors. pending in the Court of Additional Civil Judge (Junior Division) & Judicial Magistrate No. 9, Jaipur City, Jaipur, have filed this joint petition under Sec. 482 Cr.PC. to quash all the proceedings of the above referred criminal case on the basis of compromise in between both the parties.

(2.) The accused petitioners No. 1 to 4 are facing trial in the trial court for the offence under Sec. 406 & 498-A IPC. During the pendency of the trial, both the parties settled the dispute in between them and filed a joint application to attest the compromise. A certified copy of the compromise dated 6.8.2005 filed before the trial court has been placed on record with this petition. The trial court passed an order on 6.8.2005 that the accused petitioners as well as complainants both are present in the court and they admitted the contents of the compromise and they put their signature before the court itself on the compromise. Both the parties were identified by their respective advocates. However, the trial court refused to attest the compromise on the ground that offences are non-compoundable, therefore, the trial court rejected the application filed by the accused petitioners as well as complainants.

(3.) Learned counsel for the petitioners as well as complainants both submit that the criminal case arises out of the matrimonial dispute and now with the help of well wishers and relatives, a compromise has taken place in between both the parties and both the parties signed the compromise and the same was placed on record before the trial court. The trial court took on record a copy of the application and compromise. They further submit that from the order-sheet of the trial court dated 6.8.2005, it appears that both the parties admitted the contents of the compromise to be correct and put there signatures on the same. They further submits that in the interest of justice proceedings pending before the trial court be quashed.