Sandeep Mehta, J. - (1.) - The present miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings of Criminal Regular Case No. 2/2006 (Old No. 329/2005) pending against the petitioners in the Court of the learned Chief Judicial Magistrate, Jalore instituted at the instance of the respondent No. 2 Smt.Taruna for the offences under Sections 498-A and 406 IPC.
(2.) The First Information Report in this case was filed by the respondent No. 2 against the petitioners. On the basis of the said FIR, the charge-sheet was filed and the trial is going on against the petitioners in the Court of the learned Chief Judicial Magistrate, Jalore. During pendency of the trial, compromise has been arrived at between the parties as regards the criminal case 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 trial Court vide order dated 2.1.2013 allowed the parties to compound the offence under Section 323 IPC, however, rejected the said application so far it relates to compounding of the offences under Sections 498-A and 406 IPC; hence the present miscellaneous petition has been preferred for quashing of the proceedings against the accused petitioners.
(3.) Shri Pradeep Shah, learned counsel appearing on behalf of the petitioners and Shri Deepak Menaria, 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 rifts 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 all their disputes by way of a compromise and accordingly the compromise-petition was filed in the trial court, which has been rejected by the impugned order.;