Sandeep Mehta, J. - (1.) The present miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings in Criminal Case No. 10/2009 pending against the petitioners in the Court of the learned Judicial Magistrate No. 2, Bhilwara and instituted at the instance of the respondent No. 2 Smt. Priyanka Soni for the offence under Sections 498-A and 406, I.P.C.
(2.) The First Information Report in this case was filed by the respondent No. 2 against the petitioners. On the basis of the said F.I.R, the charge-sheet was filed and the trial is going on in the Court of the learned Judicial Magistrate No. 2, Bhilwara. During pendency of the trial, the parties arrived at a compromise and a decree of divorce under Section 13-B of the Hindu marriage Act has been passed by the competent Court on 19.5.2012 and accordingly an application was filed on behalf of the complainant (respondent No. 2) and the petitioners before the trial Court for terminating the proceedings on the basis of the compromise. The said application was filed on 5.4.2012. The trial Court, vide order dated 16.4.2012 allowed the parties to compund the offence under Section 406 Indian Penal Code, but rejected the said application so far as compounding of the offence under Section 498-A, Indian Penal Code is concerned; the present miscellaneous petition for quashing of the proceedings against the accused-petitioners.
(3.) Mr. N.K. Rastogi, learned counsel appearing on behalf of the petitioners and Mr. S.S. Shaktawat, learned counsel appearing on behalf of the complainant-respondent No. 2, have submitted that the dispute arose between the husband and wife owing to matrimonial differences and thus the complainant-respondent No. 2 was led to file the first information report against the petitioners. Thereafter wiser counsel have prevailed and the parties to the litigation have decided to settle the dispute by way of compromise and accordingly the compromise-petition was filed in the trial Court which has been rejected by the impugned order.;