VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner for quashing the proceedings pending against him before the Metropolitan Magistrate No. 2, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No. 293/2017 [arising out of FIR No. 51/2017 of Women Police Station, District Jodhpur (East)], whereby the trial court vide order dated 10.08.2018 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 the respondent No. 2 filed a complaint in the trial court under Section 156(3) Cr.P.C., 1973 and the same was forwarded to the Women Police Station, District Jodhpur (East), whereof the FIR No. 51/2017 was registered against the petitioner for the offences punishable under Sections 498-A, 406 and 323 IPC. 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 offence punishable under Section 498-A IPC. 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 happily and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 10.08.2018 has refused to attest the compromise for 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 pending against him.;