Sandeep Mehta, J. - (1.) The present miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings in Criminal Regular Case No. 428/2011 pending against the petitioners in the Court of the learned Metropolitan Judicial Magistrate, Distt. Jodhpur instituted at the instance of the respondent No. 2 Smt. Anita for the offences under Section 498-A IPC.
(2.) In this case, the trial is going on against the petitioners in the Court of the learned Metropolitan Judicial Magistrate, Distt. Jodhpur. 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 10.12.2012 allowed the parties to compound the offences under Sections 406 and 323 IPC, however, rejected the said application so far it relates to compounding of the offences under Section 498-A IPC; hence the present miscellaneous petition has been preferred for quashing of the proceedings against the accused-petitioners.
(3.) Shri Rajkumar Gaur, learned counsel appearing on behalf of the petitioners and Shri A.K. Dobhal, 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. 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.;