ILIYAS KHAN @ ALIYAS KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal miscellaneous petition under Section 482 Cr.P.C., the order dated 26.4.2008 passed by Judicial Magistrate, First Class, Churu (for short "the trial Court") in regular Criminal Case No. 118/2005 State v. Iliyas has been challenged by the petitioner whereby the trial Court declined to accept the compromise filed by the complainant-respondent Nos. 2 and 3 on the ground that the offences under Sections 498-A and 406 I.P.C. are not compoundable.

(2.) The respondent No.2-Pratap Khan who is father of the respondent No. 3, lodged a crime report for the offences under Sections 498-A and 406 I.P.C. against the petitioner, who is husband of the respondent No.3. During the pendency of the proceedings, the parties settled their dispute amicably and resolved all disputes whatsoever it had been between them and articles alleged to have been belonging to the respondent No. 3 had been received by the respondent No. 3. As also the parties went for Talak and dissolve the marriage i.e. Nikah solemnized between them and therefore, wanted to lead their life independent after Talak having been given by the petitioner to the respondent No. 3. Therefore, the respondents No. 2 and 3 appeared before the trial Court and filed an application for compromise stating therein that divorce took place between the petitioner and respondent No.3 are with her. Thus, there is no criminal breach of trust, however, the trial Court finding the offences not compoundable dismissed the application. Hence, this petition.

(3.) I have heard learned counsel for the parties.