VIJAY BISHNOI,J. - (1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the proceedings of Criminal Regular Case No.2716/2012 on the ground of compromise and against the order dated 24.10.2013 passed by learned Additional Chief Judicial Magistrate No.1, Jodhpur Metropolitan, whereby he has partly allowed the application of compromise and ordered to continue the proceedings against the petitioners for the offence punishable under Section 327/34 IPC.
(2.) Brief facts of the case are that on a complaint lodged at the instance of the respondent No.2, the Police Station, Pratap Nagar, District Jodhpur has registered an FIR No.497/2009 against the petitioners. After investigation, the police filed charge sheet against the petitioners for offence punishable under Sections 341, 323 and 327/34 IPC in the Court of Additional Chief Judicial Magistrate No.1, Jodhpur Metropolitan, wherein the trial is pending against the petitioners for the aforesaid offence.
(3.) During the pendency of the trial, an application was preferred on behalf of the petitioners as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The learned Additional Chief Judicial Magistrate No.1, Jodhpur Metropolitan, vide order dated 24.10.2013 allowed the parties to compound the offence punishable under Sections 341 and 323 I.P.C., however, rejected the application so far it relates to compounding the offence punishable under Section 327/34 IPC.;