JITENDRA PARIHAR Vs. STATE OF RAJASTHAN AND OTHER

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 Judicial Magistrate No. 1, Pali (hereinafter to be referred as 'the trial court') in Criminal Regular Case No. 1563/2018 (arising out of FIR No. 2/2018 of Women Police Station, District Pali), whereby the trial court vide order dated 07.05.2018 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, the FIR No. 2/2018 was registered at Women Police Station, District Pali against the petitioner. After investigation, the police filed charge-sheet against the petitioner for the offences punishable under Sections 406 and 498-A IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. 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 07.05.2018 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.