JITENDRA Vs. STATE

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the proceedings pending against him before the Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No.8/2015 (State Vs. Jitendra Ghiya), whereby the trial court vide order dated 14.02.2018 has 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 on a complaint filed at the instance of respondent No.2 before the trial court, the FIR No.171/2014 was registered at Police Station Mahila (West), District Jodhpur against the petitioner. After investigation, the police filed charge sheet against the petitioner for offence punishable under Section 498-A IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offence. 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 are living separately and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 14.02.2018 has refused to attest the compromise for the offence punishable under Section 498-A IPC.

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