GAJSINGH RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 the petitioner before the learned Civil Judge and Judicial Magistrate Jodhpur Metropolitan, Jodhpur (hereinafter to be referred to as 'the Trial Court') in Criminal Regular Case No. 341/2017-State Vs. Gajsingh (arising out of F.I.R. No. 109/2015 Police Station Mahila Thana, Jodhpur), whereby the Trial Court vide order dated 13.12.2019 has attested the compromise for the offence punishable under Section 406 I.P.C. but refused to attest the compromise for the offence punishable under Section 498-A 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, the Police Station Mahila Thana, Jodhpur registered an F.I.R. No. 109/2015 against the petitioner. After investigation, the police filed charge sheet against the petitioner for the offence under Sections 498-A, 406, 323 and 354 of I.P.C. in the Court of Civil Judge Judicial Magistrate, Jodhpur Metropolitan Jodhpur, 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, therefore, the proceedings pending against the petitioner may be terminated. The learned Trial Court vide order dated 13.12.2019 allowed the parties to compound the offence under Section 406 of I.P.C. however, rejected the application so far as it relates to compounding for the offence punishable under Section 498-A of I.P.C.

(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.