- (1.) THIS Criminal Misc. Petition has been preferred by the petitioners with the prayer for quashing the proceedings pending against the petitioners in the court of learned Additional Chief Judicial Magistrate No.2, Udaipur (for short 'the trial court' hereinafter) in Criminal Case No.967/2008 - State of Rajasthan Vs. Mohd. Ashraf & Ors.
(2.) BRIEF facts of the case are that the petitioners are facing trial for the offences punishable under Sections 406 and 498A IPC in the trial court. During the pendency of the trial, an application was preferred on behalf of 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 trial court vide order dated 15.02.2014 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far it relates to compounding the offence under Section 498A IPC. The present Criminal Misc. Petition has been preferred by the petitioners for quashing the said proceedings against them.
(3.) THE learned counsel for the petitioners has argued that the complainant -respondent No.2 and the petitioners have already entered into compromise and on the basis of it the petitioners have already been acquitted for the offence punishable under Section 406 IPC, therefore, there is no possibility of conviction of the petitioners for the offence punishable under Section 498A IPC. It is also contended by learned counsel for the petitioners that the parties have decided to live separately by mutual consent. It is also argued that no useful purpose would be served by continuing the trial against the petitioners for the offence punishable under Section 498A I.P.C. because the same may derail the compromise arrived at between the parties.;