SMT. HIMANI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the complainant-petitioner with the prayer for quashing the proceedings pending against the private respondents before the learned Additional Metropolitan Magistrate No.2, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Regular Case No.113/2017, arising out of FIR No.98/2016 of Police Station Mahila Thana East, Jodhpur wherein, the trial court vide order dated 2.4.2018 has attested the compromise for the offence punishable under Section 406 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 the complainant has lodged an FIR No.98/2016 of Police Station Mahila Thana East, Jodhpur against the private respondents for the offences punishable under Sections 498-A and 406 IPC. After investigation, the police filed charge sheet against the private respondents for the aforesaid offences in the trial court wherein, the trial is pending against the private respondents.

(3.) During the pendency of the trial, an application was preferred on behalf of the complainant-petitioner and the private respondents while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the private respondents may be terminated.