UTTAM SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before Additional Chief Judicial Magistrate No.2, Udaipur (hereinafter referred to as 'the trial court') in Criminal Regular Case No.575/2006 - State of Rajasthan Vs. Uttam Singh (arising out of FIR No.71/2006 of Women Police Station, District Udaipur) , whereby the trial court vide order dated 29.03.2016 has attested the compromise for the offence punishable under Sec. 406 Penal Code but refused to attest the compromise for the offence punishable under Sec. 498-A Penal Code 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.71/2006 was registered against the petitioner at Women Police Station, District Udaipur. After investigation, the police filed charge-sheet against the petitioner for offences punishable under Sections 406 and 498-A Penal Code 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 29.03.2016 allowed the parties to compound the offence punishable under Sec. 406 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Sec. 498-A IPC.

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