SHASHANK GUPTA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before the Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No.22/2016 (State v. Shashank Gupta), whereby the trial court vide order dated 03.02.2018 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 lodged at the instance of respondent No.2 against the petitioner, the police, after thorough investigation filed charge sheet against the petitioner for offences punishable under Sections 406 and 498-A IPC in the trial Court 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.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 03.02.2018 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 criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.