Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners being aggrieved with the order dated 27.01.2015 passed by the Metropolitan Magistrate No. 2, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No. 1401/2010 - State Vs. Shivnath Ram & Ors. whereby the trial court attested the compromise produced on behalf of the petitioners and the complainant and discharged the petitioners from the offences punishable under Sections 323, 325, 427, 447 and 451 I.P.C., however, refused to attest the compromise for the offences punishable under Sections 147, 148 and 149 I.P.C.
(2.) THE petitioners are facing trial for the aforementioned offences on the basis of a complaint filed by the respondent No. 2. During the pendency of the trial, the petitioners and respondent No. 2 have entered into a compromise and settled their dispute amicably and pursuant to that, they moved an application before the trial court for compounding the offences against the petitioners. The trial court has allowed the said application in part and attested the compromise for the offences punishable under Sections 323, 325, 427, 447 and 451 I.P.C. and also discharged them from the aforesaid offences, however, refused to attest the compromise for the offences punishable under Sections 147, 148 and 149 I.P.C. while observing that the same are not compoundable. Learned counsel for the petitioners has submitted that the dispute between the parties was in respect of residential plot and now the said dispute has already been resolved, therefore, in exercise of inherent powers, the criminal proceedings pending against the petitioners may be terminated. It is also contended that the parties are belonging to same caste and are also relatives and decided to live peacefully and if the trial against the petitioners continue the compromise arrived between the parties may be unsettled.
(3.) LEARNED counsel appearing for the respondent No. 2 has also verified that the parties have already entered into compromise and have resolved their dispute amicably and now the respondent No. 2 does not want to press the charges against the petitioners for the offences punishable under Sections 147, 148 and 149 I.P.C.;