Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against the petitioner before the Metropolitan Magistrate, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No. 189/2012, whereby the trial court vide order dated 19.06.2014 has attested the compromise for the offences punishable under Sections 323 and 427 IPC but refused to attest the compromise for the offence punishable under Section 452 IPC as the same is not compoundable.
(2.) BRIEF facts of the case are that on a complaint lodged at the instance of respondent No. 2, the trial court forwarded the same to the concerned Police Station. The Police Station, Basni, Jodhpur has registered an FIR against the petitioner. After investigation, the police filed challan against the petitioner for the offences punishable under Sections 452, 323 and 472 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offence. During the pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No. 2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The learned trial court vide order dated 19.06.2014 allowed the parties to compound the offence punishable under Sections 323 and 427 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 452 IPC. The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against him.
(3.) THE learned counsel for the petitioner has argued that as the complainant -respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, the petitioner has already been acquitted from the offences punishable under Sections 323 and 427 IPC, there is no possibility of conviction of the petitioner for the offence punishable under Section 452 IPC. It is also contended by learned counsel for the petitioner that the parties have resolved their dispute by mutual consent. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offence punishable under Section 452 IPC because the same may derail the compromise arrived at between the parties.;