- (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners being aggrieved with the order dated 26.6.2015 passed by the Addl. Sessions Judge, Sojat, Distt. Pali in Sessions Case No. 11/2015 - State of Rajasthan v. Laluram & Ors., whereby, the application filed by the petitioners and the complainant for terminating the proceedings on the basis of compromise has been rejected.
(2.) The trial court has rejected the application while observing that the offence punishable under Section 307 IPC is non compoundable and, therefore, the proceedings cannot be terminated on the basis of compromise arrived at between the parties.
(3.) Learned counsel for the petitioners has argued that in respect of the same incident, cross cases have been registered and in the case against the accused petitioners, they were charged for the offences punishable under Sections 147, 148, 307 and 307/149 IPC and the complainant party was charged for the offences punishable under Sections 147, 148, 149, 341 and 323 IPC. It is contended that the cross case lodged at the instance of the accused petitioners has already been decided on the basis of the compromise arrived at between the parties as the offences involved in the same were compoundable. It is also contended that in fact the dispute between the petitioners was in respect of dairy elections and in a free fight between the parties, some persons had received injuries. Learned counsel for the petitioners has further argued that the statement of the complainant and the injured have been recorded by the trial court in the above mentioned sessions case, wherein, the complainant and the injured have not named any person as to who has inflicted the grievous injury upon the injured. It is argued that the prosecution witnesses, in their statements, have not named any person as aggressor and stated that they do not know who has inflicted the injuries upon the injured person as there was a large crowd. Learned counsel for the petitioners has further argued that even on the basis of the evidence adduced in the matter, the petitioners cannot be punished for the offence under Section 307 IPC. It is also contended that when the dispute between the parties have already been settled amicably, it is a fit case, wherein, the powers under Section 482 Cr.P.C. can be exercised for terminating the criminal proceedings against the petitioners.;