PRADEEP TAK Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. is directed against the order dated 31.7.2007 passed by Civil Judge (Jr. Div.) and Judicial Magistrate, Pali in Cr. Case No.641/2007, State Vs. Pradeep & Ors. , whereby application for acquitting accused under section 406 I.P.C. was rejected.

(2.) On the report of Rajni, a case was registered against Pradeep and other persons under sections 498-A, 406 and 120-B Penal Code and after investigation, challan was filed against petitioner Pradeep and Sushila under sections 498-A and 406 Penal Code on 3.2.2007. On 30.7.2007, petitioner moved an application before the trial court requesting therein that as the compromise dated 9.4.2007 between the parties has been attested by District Judge, presence of opposite party is not required and the petitioner may be acquitted of the offence under section 406 IPC. This application was rejected by impugned order.

(3.) Heard learned counsel for the parties, perused the impugned order as well as the record.