BHAGWAN SAHAI Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed by the accused-petitioner against the order dated 30.4.2008, passed by the learned Additional Chief Judicial Magistrate, Bandikui in Criminal Case No. 379/2009, whereby he had rejected the application filed by the petitioner and declined to grant permission for compounding the offence under Sections 498-A and 406 I.P.C.

(2.) The petitioner is facing trial before the learned Court below for the offence under Sections 498-A and 406 I.P.C. During the course of trial, the parties entered into a compromise and the same was filed before the learned trial Court. However, the learned trial Court declined to attest the compromise and compound the offences for which the petitioner is facing trial.

(3.) This matter is one of a matrimonial dispute and compromise has already entered into between the parties, which has been placed on record. In view of the principle, laid down by the Honourable Apex Court in the case of B.S. Joshi Vs. State of Haryana & Anr., reported in JT 2003(3) SC 277 and in order to secure the ends of justice, I deem it proper to allow the compounding of the offence and drop the proceedings, pending before the Court below.