- (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 the learned Judicial Magistrate No.3, Bikaner (hereinafter referred to as 'the trial court') arising out of FIR No.145/2008 of Police Station Mahila Thana (Women), Bikaner, whereby the trial court vide order dated 8.12.2016 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 Police Station Mahila Thana, Bikaner has registered an FIR No.145/2008 against the petitioners. After investigation, the police filed charge sheet against the petitioners for offences under Sections 498-A, 406, 323 I.P.C. in the Court of Judicial Magistrate No.3, Bikaner 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 learned trial court vide order dated 8.12.2016 allowed the parties to compound the offences under Sections 406 and 323 I.P.C., however, rejected the application so far as it relates to compounding the offence under Section 498-A I.P.C. The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.
(3.) 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 have been acquitted for the offences punishable under Sections 406 and 323 I.P.C., there is no possibility of conviction of the petitioners for the offence punishable under Section 498-A I.P.C. It is also contended by learned counsel for the petitioners that as the dispute between the parties has already been resolved through amicable settlement, no useful purpose would be served by continuing the trial against the petitioners for the offence punishable under Section 498-A I.P.C. because the same may derail the compromise arrived at between the parties.;