MANOJ SAINANI @ MAHENDRA Vs. THE STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2018-5-189
HIGH COURT OF RAJASTHAN
Decided on May 16,2018

Manoj Sainani @ Mahendra Appellant
VERSUS
The State of Rajasthan and Others Respondents

JUDGEMENT

VIJAY BISHNOI, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before the Judicial Magistrate No.2, Udaipur City (South), District Udaipur (hereinafter to be referred as 'the trial court') in Criminal Regular Case No.1778/2012 (arising out of FIR No.279/2012 of Police Station Bhupalpura, District Udaipur), whereby the trial court vide order dated 17.01.2018 has attested the compromise for the offence punishable under Section 420 IPC but refused to attest the compromise for the offences punishable under Sections 467, 468 and 471 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 concerned police station, however, on 03.11.2012, the Police Station Bhupalpura, District Udaipur registered the FIR No.279/2012 against the petitioner for the offences punishable under Sections 420, 467, 468 and 471 IPC. After investigation, the police filed charge-sheet against the petitioner for aforesaid offences 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 Nos.2 and 3 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 17.01.2018 allowed the parties to compound the offence punishable under Sections 420 IPC, however, rejected the application so far as it relates to compounding the offences punishable under Sections 467, 468 and 471 IPC.
(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.;


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