JUDE SAMUEL S/O REVINALD SAMUEL Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2017-1-29
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 27,2017

Jude Samuel S/O Revinald Samuel Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

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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