- (1.) This petition has been filed under Sec. 482 Cr.P.C. for dropping the proceedings in Case No. 1052/2013-State of Rajasthan v. Kapil Anand pending in the Court of Addl. Chief Metropolitan Magistrate No. 2, Jaipur Metropolitan, Jaipur for the offence under Secs. 354, 354(D) of IPC on the basis of compromise filed by the parties on 20.2.2014 before the trial court. Brief facts of the case are as under: "Respondent No. 2 Mrs. Jyoti Jethmalani lodged a First Information Report, which was numbered as FIR No. 355/2013 at Police Station, Gandhi, Nagar, Jaipur against the accused petitioner for the offence under Section 354 IPC, in which it was stated that accused petitioner Kapil Anand was harassing and threatening her through Internet to divorce her husband and marry him and on 22.7.2013 at about 2.20 PM when she came to Kanodia College, Jaipur for examination, he met her and threatened that he would take her that day and while saying so, he caught her by hand. During the course of investigation, both the parties entered into the compromise and they submitted the same before the police, but police after completion of investigation, submitted a charge sheet against the accused petitioner for the offence under Sections 354 and 354(C) IPC. During the course of trial before the Addl. Chief Metropolitan Magistrate No. 2 Jaipur Metropolitan on 20.2.2014, both the parties submitted a joint application along-with the compromise with the prayer to attest the compromise entered into between the parties and to compound the matter on the basis of compromise.
(2.) Learned counsel for the petitioner has contended that the aforesaid application is pending before the trial Court, but the order has not been passed by the trial Court on such application. The complainant lodged the First Information Report, but with the efforts of the well wishers of both the parties, they arrived to an amicable settlement, but even then the police has not submitted a Final Report and submitted the charge sheet. They have moved an application before the Addl. Chief Metropolitan Magistrate No. 2, Jaipur Metropolitan on 20.2.2014 to settle the matter amicably on the basis of compromise, but the said application has not been decided by the court below. The dispute, which was narrated in the charge sheet could be brought to an end by way of compounding of the offence on the basis of compromise. Hence, the direction be given to the court below to attest the compromise and drop the proceedings in Case No. 1052/2013-State of Rajasthan v. Kapil Anand.
(3.) Learned PP appearing for the State has opposed the same.;