- (1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the proceedings pending against the petitioners before the Judicial Magistrate No.1 (South), Udaipur (hereinafter referred to as 'the trial court') in Criminal Regular Case No.487/2010 (State of Rajasthan Vs. Dilip Singh & Ors.) arising out of FIR No.97/2007 of Police Station, Hathipole, Udaipur.
(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the Police Station, Hathipole, Udaipur has registered an FIR No.97/2007 against the petitioners. After investigation, the police filed charge sheet against the petitioners for offence under Sections 406, 420, 467, 468 and 471 IPC in the trial court wherein the trial is pending against the petitioners for the aforesaid offences. During the pendency of the trial, an application under Section 320(2) 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 trial court vide order dated 18.03.2011 allowed the parties to compound the offence under Sections 406 and 420 IPC, however, rejected the application so far it relates to compounding the offences under Sections 467, 468 and 471 IPC.
(3.) The present Criminal Misc. Petition has been preferred by the petitioners for quashing the said proceedings against them. The learned counsel for the petitioners has argued that as 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 offences punishable under Sections 406 and 420 IPC, there is no possibility of conviction of the petitioners for the offences punishable under Sections 467, 468 and 471 IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioners for the offence punishable under Section 467, 468 and 471 IPC because the same may derail the compromise arrived at between the parties.;