Vijay Bishnoi, J. - (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the proceedings pending against him before the Judicial Magistrate No. 3, Bikaner (hereinafter referred to as 'the trial court') in Criminal Case No. 60/2013 (State v. Lalit Kumar), whereby the trial court vide order dated 24.07.2015 has refused to attest the compromise for the offence punishable under Section 498 -A IPC as the same is not compoundable.
(2.) BRIEF facts of the case are that on a complaint filed at the instance of respondent No. 2 before the trial court the same has been forwarded to the concerned police station. After investigation, the police filed charge -sheet against the petitioner for offence punishable under Section 498 -A IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offence. 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 are living together happily and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 24.07.2015 has refused to attest the compromise for the offence punishable under Section 498 -A IPC. The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings pending against him.
(3.) THE learned counsel for the petitioner has argued that as the respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, the petitioner and the respondent No. 2 are living together happily, there is no possibility of conviction of the petitioner for the offence punishable under Section 498 -A IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offence punishable under Section 498 -A IPC because the same may derail the compromise arrived at between the parties.;