SURESH VAISHNAV Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before the Additional Civil Judge (Jr. Div.) and Metropolitan Magistrate No.2, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No.79/2015(5138/2016) (State of Rajasthan Vs. Suresh Vaishnav), whereby the trial court vide order dtd. 26/11/2018 has attested the compromise for the offence punishable under Sec. 406 IPC but refused to attest the compromise for the offence punishable under Sec. 498-A IPC as the same is not compoundable.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the FIR No.91/2015 was registered at Women Police Station, Jodhpur against the petitioner and his family members. After investigation, the police filed charge-sheet only against the petitioner in the trial court and the trial court framed charges against the petitioner for the offecnes punishable under Ss. 406 and 498-A IPC and the trial is pending him for the said offences.

(3.) During the pendency of the trial, an application was preferred on behalf of 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 dtd. 26/11/2018 allowed the parties to compound the offence punishable under Sec. 406 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Sec. 498-A IPC.