VIRENDRA SINGH AND OTHERS Vs. THE STATE OF RAJASTHAN AND OTHER
LAWS(RAJ)-2018-8-135
HIGH COURT OF RAJASTHAN
Decided on August 27,2018

Virendra Singh And Others Appellant
VERSUS
The State Of Rajasthan And Other Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) AND ORDER - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioners with the prayer for quashing the proceedings pending against them before the Judicial Magistrate No. 2 North, Udaipur (hereinafter to be referred as 'the trial court') in Criminal Case No. 367/2012 (arising out of FIR No. 197/2012 of Police Station Sukher, District Udaipur), whereby the trial court vide order dated 29.06.2018 has attested the compromise for the offence punishable under Section 406 IPC but refused to attest the compromise for the offence punishable under Section 498-A IPC as the same is not compoundable.
(2.) In the instant case 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 Police Station Sukher, District Udaipur, whereof the FIR No. 197/2012 was registered against the petitioners. After investigation, the police filed charge-sheet against the petitioners for the offences punishable under Sections 406 and 498-A IPC in the trial court wherein the trial is pending against the petitioners for the aforesaid offences. During the pendency of the trial, an application was preferred on behalf of the respondent No. 2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The trial court vide order dated 29.06.2018 allowed the parties to compound the offence punishable under Section 406 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 them.;


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