Nisha Gupta, J. - (1.) THIS Petition has been filed under Section 482 Cr.P.C. against the order dated 29.6.2013 passed by the Addl. Civil Judge (JD) Metropolitan Magistrate No. 9, Jaipur Metropolitan in case No. 12/2002. Heard learned counsel for the parties.
(2.) THE petitioner is facing trial before the learned Addl. Civil Judge (JD) Metropolitan Magistrate No. 9, Jaipur Metropolitan (hereinafter referred to as 'the Trial Court') for offences under Sections 498A and 406 IPC in Criminal Case No. 12/2002. An application seeking permission from the Court for compounding the offences against the petitioners was filed along with the compromise. Learned Trial Court vide impugned order dated 29.6.2013 accepted the compromise in respect of offence under Section 406 IPC and granted permission to the parties to compound the said offence, but learned Trial Court declined to attest the compromise for offence under Section 498A IPC because as per Section 320 Cr.P.C., said offence is not compoundable.
(3.) LEARNED counsel for the petitioner submitted that in view of decisions rendered by the Hon'ble Supreme Court in the case of B.S. Joshi & Others v. State of Haryana & Another, : (2003) 4 SCC 675; Nikhil Merchant v. Central Bureau of Investigation & Another, : (2008) 9 SCC 677; Manoj Sharma v. State & Others,, (2008) 16 SCC 1 and Gian Singh v. State of Punjab & Ors., : 2012 Cr.L.R. (SC) 883 : (2012) 10 SCC 303, the compromise can be accepted while exercising the powers under Section 482 Cr.P.C.;