ANIRUDH AZAD Vs. STATE OF RAJASTHAN AND ANOTHER

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 Additional Chief Metropolitan Magistrate No.6, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Original Case No.291/2012 - State v. Anirudh Azad (arising out of C.R. No.220/2011 dated 08.08.2011 of Police Station, Mahila Thana, District Jodhpur), whereby the trial court vide order dated 20.02.2015 has attested the compromise for the offences punishable under Sections 406 and 323 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 FIR No.220/2011 has been registered at Police Station, Mahila Thana, District Jodhpur against the petitioner and the police started investigation. After investigation, the police filed challan against the petitioner for offences punishable under Sections 406, 323 and 498-A IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offence. 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 20.02.2015 allowed the parties to compound the offence punishable under Sections 406 and 323 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498-A IPC.

(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.