Nirmaljit Kaur, J. - (1.) - This is a petition under Section 482 of the Cr.P.C. against the order dated 1.9.2012 passed by Additional Civil Judge (J.D.)-cum-Metropolitan Magistrate, Jodhpur in Criminal Cas.e No. 50/2012 arising out of F.I.R. No. 53/2010 registered at Police Station, Basni, Jodhpur, to the extent, vide which, the compromise qua the offence under Section 377 of the I.P.C. has not been accepted in vide its order under Sections 109,115, offences.
(2.) The F.I.R. No. 53/2010 was registered at Police Station Basni, Jodhpur under Sections 109, 115, 118, 323 and 506 of the I.P.C. against the petitioners by the complainant-respondent No. 2 Smt. Natasha Tak, who is the wife of the petitioner No. 1. The petitioner No. 2, 3,4 are the other relatives of petitioner No. 1 husband. During the pendency of the said case, the matter was compromised between the husband and wife, i.e. respondent No. 2 and petitioner No. 1 and other family members. In pursuance to the said compromise, mutual divorce petition under Section 13-B of the Hindu Marriage Act was filed before the Family Court. The same is pending. Accordingly, an application was moved before the trial Court under Section 320 of the Cr.P.C. for compounding the offences. The petitioners were discharged from the offences under Sections 109, 115, 118, 323 and 508 of the I.P.C. However, the offence under Section 377 of the I.P.C. was not compounded in view of the fact that the said offence is not compoundable. Hence, the present petition has been filed for quashing of the said offence.
(3.) The above facts leave no doubt that the matter has been compromised. The complainant-respondent No.2 Smt. Natasha Tak appeared before this Court in person and got her statement recorded. As per her statement, the matter has been compromised out of her own free will and it was further stated that she has no objection if the F.I.R. No. 53/2010 is quashed qua the said offence i.e. under Section 377 of the I.P.C. An affidavit dated 19.12.2012 was also filed to the same effect. Tire said affidavit has been taken on record. Although the offence is serious, however, the same has arisen out of a matrimonial dispute between husband and wife.;