SANDEEP MEHTA,J. - (1.) Heard learned Counsel for the parties. Perused the material available on record.
(2.) The petitioners herein have been convicted vide Judgment dated 27.6.2013 passed by the learned Additional Chief Judicial Magistrate No. 1, Chittorgarh in Criminal Case No. 324/2009 as below: Ghishu Lal, Ratan, Pyara and Motiya Offences Under Sections Sentences Fine Fine Default sentences 467 read with Section 120B 3 Years' S.I. Rs. 2,000 3 Months' Additional S.I. I.P.C. Ghishu Lal Offences Under Sections Sentences Fine Fine Default sentences 471 I.P.C. 3 Years' S.I. Rs. 2,000 3 Months' Additional S.I. Motiya Offences Under Sections Sentences Fine Fine Default sentences 419 I.P.C. 1 Year's S.I. Rs. 1,000 2 Months' Additional S.I. The petitioners have preferred an appeal against the said Judgment which has been registered as Appeal No. 105/2013 and is pending consideration before the Additional Sessions Judge No. No.3, Chittorgarh. The instant misc. petition has been presented by the petitioners with a prayer to quash their conviction and sentences on the ground that they have compromised the entire dispute with the complainant. A compromise deed was filed by the accused before the Appellate Court which stands accepted to the extent of the offence under Section 419 of the I.P.C. but was rejected for the remaining offences (Sections 471, 467 and 120B IPC) as the same are non-compoundable.
(3.) Learned Counsel Shri Deora representing the accused petitioners and Shri G.S. Bhati, Advocate representing the respondent No. 2 complainant urged that the parties have mutually settled the entire dispute and the conviction of the accused petitioners as recorded by the Trial Court deserves to be quashed on the ground of compromise.;