H.R. Panwar, J. - (1.) Issue notice for final disposal. Mr. L.R. Upadhyay, public prosecutor accepts notice on behalf of respondent State and Mr. Manish Dadhich accepts notice on behalf of respondent No.2. With the consent of the learned counsel for the parties, the petition is being finally heard and disposed of at the admission stage.
(2.) By the instant petition under Section 482 Cr.P.C., petitioners seek quashing the proceedings in Criminal Misc. Case No. 33/2004 pending before the Judicial Magistrate, Ist Class No.3, Bikaner for the offences under Sections 406 and 498-A IPC.
(3.) The facts of the case, in a nut shell, are that the respondent No.2 Rishika wife of the petitioner No.1 filed a complaint before the police Station-Mahila Thana, Bikaner against six persons including the present petitioners. However, after investigation, the police filed challan against the petitioners for the offences under Sections 498-A and 406 IPC before the trial court and the proceeding is pending before the trial court. On 02-04-2007, an application was filed by the respondent No.2 and the petitioners before the trial court for dropping the proceedings on the ground that a compromise has been arrived at between the parties, entire Stridhan has already been received by the complainant respondent No.2 and by mutual consent, the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved, the complainant would not produce any evidence in the matter and therefore, in such circumstances, the complainant does not want to continue the proceeding. However, the trial court dismissed the said application vide impugned order dated 02-04-2007. Hence this miscellaneous petition.;