LAWS(RAJ)-2018-8-50

HIMMAT ABHILASH TAK Vs. DULHE SINGH AND OTHER

Decided On August 10, 2018
Himmat Abhilash Tak Appellant
V/S
Dulhe Singh And Other Respondents

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 Additional Chief Judicial Magistrate, Pratapgarh (hereinafter to be referred as 'the trial court') in Criminal Regular Case No.21/2002 (Dulhe Singh Vs. Himmat Abhilash), whereby the trial court vide order dated 28.03.2018 has refused to attest the compromise for the offences punishable under Sections 175, 177 and 477-A IPC as the same is not compoundable.

(2.) In the instant case the respondent No.2 has filed a complaint in the trial court and the trial court took cognizance against the petitioner for the offences punishable under Section 175, 177 and 477-A IPC 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.1 while stating that both the parties have entered into compromise and settled their dispute amicably, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 28.03.2016 has refused to attest the compromise for the offences punishable under Sections 175, 177 and 477-A IPC.

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