Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer that the order dated 12.05.2015 passed by the Additional Chief Judicial Magistrate No. 4, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Regular Case No. 455/2009 as well as the FIR No. 9/2008 dated 14.01.2008 of Police Station, Women, District Jodhpur may kindly be quashed and set aside on the basis of compromise arrived at between the parties. The trial court vide order dated 12.05.2015 has attested the compromise for the offence punishable under Section 406 IPC but refused to attest the compromise for the offence punishable under Section 498 -A IPC as the same is not compoundable.
(2.) IN the instant case the respondent No. 2 has filed a complaint in the trial court under Section 156(3) Cr.P.C. and the same has been forwarded to the concerned police station for investigation. The Police Station, Women, District Jodhpur has registered the FIR No. 9/2008 and after investigation, filed charge sheet against the petitioners for offences punishable under Sections 406 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 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 12.05.2015 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498 -A IPC. The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.
(3.) 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 has been acquitted for the offence punishable under Section 406 IPC, there is no possibility of conviction of the petitioners for the offence punishable under Section 498 -A 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 498 -A IPC because the same may derail the compromise arrived at between the parties.;