JITENDRA TANWAR @ ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This joint criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner Nos.1 to 3 as well as complainant-petitioner No.4 with the prayer for quashing the proceedings pending against the petitioner Nos.1 to 3 before the Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Case No.378/2016 (State of Rajasthan Vs. Jitendra Tanwar and Ors.), whereby the trial court vide order dated 21.08.2017 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 on a complaint filed on behalf of the complainant-petitioner No.4, the proceedings under Sections 406 and 498-A IPC are pending against the petitioner Nos.1 to 3 in the trial court. During the pendency of trial, the compromise has been arrived at between the petitioner Nos.1 to 3 and complainant-petitioner No.4 in the spirit of National Lok Adalat on 08.04.2017 and pursuant to that an application was preferred on behalf of the petitioner Nos.1 to 3 as well as the complainant-petitioner No.4 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner Nos.1 to 3 may be terminated. The trial court vide order dated 21.08.2016 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Section 498-A IPC.

(3.) The present joint criminal misc. petition has been preferred by the petitioner Nos.1 to 3 and the complainant-petitioner No.4 for quashing the said proceedings against the petitioner Nos.1 to 3.