D.N.Joshi. J. - (1.) The Instant criminal miscellaneous petition has been preferred u/s. 482 cr. P.C. against the order dated 20th June, 2003 passed by the Additional Chief Judicial Magistrate shim in criminal case No. 4341 2002 State v. Chiman Singh, whereby the application u/s. 320 Cr. P.C. was rejected on the ground that the offence u/s. 498-A IPC is not compoundable and the case was fixed for recording the evidence on 10/7/2003.
(2.) It was contended by the learned counsel for the petitioner Mr. Sandeep Saruparia that the matter has been compromised and an application for permission to compound the offence u/s. 498-A IPC was submitted before the trial Court and such application ought to have been accepted and accused should have been acquitted of the charge levelled against him. He has therefore, prayed that the impugned order may be quashed and set aside as it is incorrect illegal and improper.
(3.) The learned Public Prosecutor opposed the petition.;