VIJAY BISHNOI,J. - (1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner with a prayer for quashing the proceedings pending before the learned Additional Chief Judicial Magistrate No.2, Udaipur, in Criminal Regular Case No.11/2014 (State v. Shiv Prasad) arising out of FIR No.128/2013 of Police Station, Mahila Thana, Udaipur, on the ground of compromise and against the order dated 17.05.2014 passed by the learned Additional Chief Judicial Magistrate No.2, Udaipur, whereby he has attested the compromise for the offence punishable under Section 406 I.P.C. but refused to attest the compromise in relation to the offence punishable under Section 498A I.P.C. as the same is not compoundable.
(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2 before the Superintendent of Police, Udaipur, which is forwarded to the Station House Office of Police Station, Mahila Thana, Udaipur, an FIR No.128/2013 has been registered against the petitioner. After investigation, the police filed charge sheet against the petitioner for the offence punishable under Section 498A and 406 I.P.C. in the Court of Additional Chief Judicial Magistrate No.2, Udaipur, wherein the trial is pending against the petitioner for the aforesaid offence.
(3.) During the pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The learned trial court vide order dated 17.05.2013 allowed the parties to compound the offence under Section 406 I.P.C. but refused to attest the compromise in relation to the offence punishable under Section 498A I.P.C.;