SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(Raj) 1018

SATYA PRAKASH PATHAK
Manmohan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
APPEARANCES :
Mr. R.R.C. Garasia for Mr. Abhishek Mirdha, Advocate, for the Petitioner(s).
Mr. Ashok Upadhyay, Public Prosecutor, for the State.
Mr. N.K. Choudhary, Advocate, for Non-petitioner No. 2.

Satya Prakash Pathak, J.—By this criminal misc. petition under Sec. 482 Cr.P.C., the petitioners have prayed for quashing of the proceedings, pending in the Court of learned Additional Chief Judicial Magistrate No.2, Udaipur in Case No.04/2005 (State vs. Manmohan Singh & Ors).

2. In nut-shell case of the petitioners is that petitioner No.1 Manmohan Singh and non-petitioner No.2 Parminder Kaur alias Pammi got married but on account of mis-understanding, the marriage did not succeed and ultimately divorce has taken place between the parties on 27.06.2007. The parties have reached to a compromise, not to continue any further litigation and wants to live peacefully in future separately, therefore, submitted a compromise before the learned trial Court for the offence under Secs. 498A and 406 IPC, but the learned trial Court refused to attest the compromise for the reason that the above said offences are not compoundable and rejected the application so moved vide order dt. 02.12.2006 in Criminal Case No.4/2005.

3. The contention of learned counsel for the petitioners is that it is correct that the offences are not compoundable but under the inherent powers under Sec. 482 Cr.P.C for securi











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top