JAGMOHAN SOLANKI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before Metropolitan Magistrate, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No. 51/2013 (arising out of FIR No. 72/2013 of Police Station, Sadar Bazar, District Jodhpur), whereby the trial court vide order dated 05.05.2015 has attested the compromise for the offences punishable under Sections 341 and 506 IPC but refused to attest the compromise for the offences punishable under Sections 353, 332 and 354 IPC as the same are not compoundable.

(2.) BRIEF facts of the case are that on a complaint lodged at the instance of respondent No. 2, the FIR No. 72/2013 has been registered at Police Station, Sadar Bazar, District Jodhpur against the petitioner. After investigation, the police filed challan against the petitioner for offences punishable under Sections 353, 332, 354, 341 and 506 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. 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, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 05.05.2015 allowed the parties to compound the offences punishable under Sections 341 and 506 IPC, however, rejected the application so far it relates to compounding the offences punishable under Sections 353, 332 and 354 IPC.

(3.) THE learned counsel for the petitioner has argued that as the complainant -respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, the petitioner has been acquitted for the offence punishable under Sections 341 and 506 IPC, there is no possibility of conviction of the petitioner for the offences punishable under Sections 353, 332 and 354 IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offences punishable under Sections 353, 332 and 354 IPC because the same may derail the compromise arrived at between the parties.