- (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 them before Additional Chief Metropolitan Magistrate No.4, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Regular Case No.705/2010-State of Rajasthan Vs. Mukesh & Ors. (arising out of FIR No.56/2008 of Police Station, Mahila Thana, District Jodhpur), whereby the trial court vide order dated 27.11.2014 has attested the compromise for the offences punishable under Sections 406 and 323 IPC but refused to attest the compromise for the offence punishable under Section 498-A 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 FIR No.56/2008 has been registered at Police Station, Mahila Thana, District Jodhpur against the petitioners and the police started investigation. After investigation, the police filed charge-sheet against the petitioners for offences punishable under Sections 406, 323 and 498-A IPC in the trial court wherein the trial is pending against the petitioners for the aforesaid offence. During the pendency of the trial, an application 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 27.11.2014 allowed the parties to compound the offence punishable under Sections 406 and 323 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498-A IPC.
(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.;