AMJAD KHAN Vs. STATE OF RAJASTHAN AND OTHERS

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 him before the Additional Chief Judicial Magistrate No.2, Udaipur (hereinafter referred to as 'the trial court') in Criminal Regular Case No.558/2016 (arising out of FIR No.142/2016 of Police Station Mahila Thana, Udaipur) whereby, the trial court vide order dated 24.7.2018 has attested the compromise for the offence punishable under Section 406 IPC but refused to attest the same 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 under Section 156(3) of the Cr.P.C. lodged at the instance of respondent No.2, the Police Station Mahila Thana, Distt. Udaipur has registered an FIR No.142/2016 against the petitioner for the offences punishable under Sections 406 and 498-A IPC.

(3.) After investigation, the police have filed charge sheet against the petitioner for the offences punishable under Sections 406 and 498-A I.P.C. in the Court of Additional Chief Judicial Magistrate No.2, Udaipur wherein, the trial is pending against the petitioner. 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.