RAMNIWAS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with a prayer for quashing the proceedings pending against him before the learned Additional Chief Judicial Magistrate, Degana, District Nagaur (hereinafter referred to as 'the trial court') in Criminal Regular Case No.173/2017 - State of Rajasthan Vs. Ramniwas (arising out of complaint No.166/2016 filed before the Additional Chief Judicial Magistrate, Degana, District Nagaur, whereby the trial court vide order dated 25.10.2017 has attested the compromise for the offences punishable under Sections 420 , 418 and 406 IPC but refused to attest the compromise for the offence punishable under Sections 487 , 468 and 471 IPC as the same are not compoundable.

(2.) Brief facts of the case are that the complainant-respondent No.2 has filed a complaint No.166/2016 against the petitioner in the Court of Additional Chief Judicial Magistrate, Degana, District Nagaur. After investigation, the police filed charge sheet against the petitioner for offence under Sections 420 , 418 , 406 , 467 , 468 and 471 I.P.C. in the Court of Additional Chief Judicial Magistrate, Degana District Nagaur 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. The learned trial court vide order dated 25.10.2017 allowed the parties to compound the offence under Sections 420 , 418 and 406 , however, rejected the application so far as it relates to compounding the offence under Sections 467 , 468 and 471 I.P.C.

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