PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this misc. petition under Section 482 Cr.P.C., 1973 against the order dated 19.03.2016 passed by learned Civil Judge and Judicial Magistrate, Ladnu, in criminal original case No. 8/2013 by which learned Judge has rejected the application of the present petitioner filed under section 216 of the Cr.P.C., 1973 and ordered to proceed further in the matter for the offences under Sections 147, 148, 447/149 IPC and to quash and set aside the same.
(2.) The police filed charge sheet against the present petitioners. The cognizance was taken and charges were framed under Section 147, 148, 149, 323, 325 and 307 IPC and also under section 3(1)(X)(2)(V) of SC/ST Act and the same was challenged in S.B. Criminal Misc. Petition No. 634/2014 before this Court which discharged the petitioner under the SC/ST Act vide order dated 11.07.2017. The compromise was settled between the parties and the offence under Section 323/149, 325/149 and 447 IPC vis-a-vis Pema Ram was taken on record and after such compromise, the charge for the offence under Sections 147, 148/447 IPC being not amenable to compromise was maintained.
(3.) Thereafter the petitioner moved an application under Section 216 Cr.P.C., 1973 which was dismissed by the learned court below vide order dated 10.01.2016 on the account of the fact that the compromise was not under Section 147, 148, 447/149 IPC and these offences are not comprisable and therefore, the same survives and the application was not maintainable under Section 216 Cr.P.C., 1973;