- (1.) THE matter comes up on an application for early listing of the case.
(2.) THE learned counsel for the petitioners as well as respondent No.2 have stated that parties have entered into a compromise and the respondent No.2 is not willing to prosecute the petitioners for the offence punishable under Section 326 IPC. In such circumstances, the application is allowed and with the consent of the parties the matter is heard finally.
(3.) THIS Criminal Misc. Petition has been preferred by the petitioners with the prayer for quashing the proceedings pending against them in the court of Metropolitan Magistrate No.4, Jodhpur Metropolitan (for short 'the trial court' hereinafter) in Criminal Case No.792/2000 -State Vs. Gokal Ram & Ors. Brief facts of the case are that on the basis of a complaint filed by the respondent No.2 a case was registered against the petitioners for the offences punishable under Sections 447 and 323 IPC. After investigation police filed charge sheet against the petitioners for the offences punishable under Sections 447, 323 and 326/34 IPC before the trial court, wherein the petitioners are facing trial for the aforesaid offences.;