SHAHJAD KHAN S/O MOHAMMAD SHARIF, AGED ABOUT 37 YEARS, B/C MUSLIM, R/O VILLAGE RIYABADI, DISTRICT NAGAR Vs. STATE OF RAJASTHAN

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 Judicial Magistrate, First Class, Merta City (hereinafter referred to as 'the trial court') in Criminal Regular Case No.41/2012 arising out of FIR No.98/2011 of Police Station Padukala, District Nagaur, wherein the trial court vide order dated 16.12.2016 has attested the compromise for the offences punishable under Sections 406 and 323 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.) In the instant case the respondent No.2 has filed a complaint in the trial court under Sec. 156(3) Crimial P.C. and the same was forwarded to the concerned police station. The Police Station Padukala, District Nagaur has registered the FIR No.41/2012 against the petitioner and after investigation, filed charge sheet against the petitioner for the offences punishable under Sections 406, 323 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 learned trial court vide order dated 16.12016 allowed the parties to compound the offences punishable under Sections 406 and 323 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.