JUDGEMENT
VIJAY BISHNOI, J. -
(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the
proceedings pending against him before the learned Metropolitan
Magistrate No.2, Jodhpur Metropolitan (hereinafter referred to as
'the trial court') in Criminal Case No.60/2015, whereby the trial
court vide order dated 03.01.2017 has attested the compromise
for the offences punishable under Sections 406 and 324 IPC but
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 lodged at the instance of respondent No.2, an FIR was registered against the
petitioner at Women Police Station, Jodhpur (East). After
investigation, the police filed charge-sheet against the petitioner
for the offences punishable under Sections 406 , 324 and 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 decided to live together,
therefore, the proceedings pending against the petitioner may be
terminated. The learned trial court vide order dated 03.01.2017
allowed the parties to compound the offences punishable under
Sections 406 and 324 IPC, however, rejected the application so far
as it relates to compounding the offence punishable under Section
498-A IPC.
(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.;
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