HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 10.06.2015 passed by the Judicial Magistrate, Rawatsar, District Hanumangarh (hereinafter to be referred as 'the trial court'), whereby a direction has been issued to the SHO, Police Station Rawatsar, District Hanumangarh to conduct further investigation in connection with the FIR No.231/2014 of Police Station Rawatsar, District Hanumangarh wherein the police has filed FR No.227/2014 on the basis of compromise arrived at between the parties.

(2.) Brief facts of the case are that the respondent No.2 filed the FIR No.231/2014 at Police Station Rawatsar, District Hanumangarh for the offences punishable under Sections 498-A , 406 , 323 and 34 IPC against petitioner-Himmat Singh and six other persons. Being aggrieved with the same, the petitioner-Himmat Singh filed S.B. Criminal Misc. Petition No.2381/2014 before this Court, however, the same came to be dismissed as infructuous vide order dated 08.01.2015 while observing that the police has filed negative final report in connection with the FIR No.231/2014 of Police Station Rawatsar, District Hanumangarh.

(3.) Thereafter, when the negative final report in the matter was submitted in the trial court, the respondent No.2 filed a protest petition alleging that the negative final report in the FIR No.231/2014 of Police Station Rawatsar, District Hanumangarh has been filed on the basis of compromise arrived at between the parties in the proceedings under Section 9 of the Hindu Marriage Act pending in the Family Court, Pali, however, the petitioner is not honoring the condition of the compromise and he is not ready to keep the respondent No.2 with him and, therefore, the police be directed to further investigate into the allegations levelled in the FIR No.231/2014 of Police Station Rawatsar, District Hanumangarh.