ANUBHAV KUMAWAT S/O SHRI DURGA LAL JI KUMAWAT, R/O 60 NAKODA NAGAR SECOND DAUJI KI BAORI, PS PRATAP NAGAR, UDAIPUR Vs. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR.

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 the learned Judicial Magistrate, First Class No.1, Udaipur City (North), Udaipur (hereinafter referred to as 'the trial court') in Criminal Original Case No.17/2016 (arising out of FIR No.117/2015 of Police Station, Hathi Pole, District Udiapur), whereby the trial court vide order dated 18.11.2016 has attested the compromise for the offences punishable under Sections 420 and 406 Penal Code but refused to attest the compromise for the offences punishable under Sections 467, 468, 471 and 120-B Penal Code as the same are not compoundable.

(2.) Brief facts of the case are that the respondent No.2 has filed a complaint before the trial court under Sec. 156(3) Crimial P.C. and the same was forwarded to the concerned police station. The Police Station, Hathi Pole, District Udaipur registered the FIR No.117/2015 against the petitioner for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B IPC. After investigation, the police filed charge-sheet against the petitioner for the aforesaid offences in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. During the pendency of the trial, a joint 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 learned trial court vide order dated 18.11.2016 allowed the parties to compound the offences punishable under Sections 420 and 406 IPC, however, rejected the application so far as it relates to compounding the offences punishable under Sections 467, 468, 471 and 120-B IPC.

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