VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioners with the prayer for quashing the proceedings pending against them before the Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No.22/2018 (State of Rajasthan v. Deepak Sharma and Ors.) arising out of FIR No.104/2017 of Police Station Mahila Thana West, District Jodhpur, whereby the trial court vide order dated 17.03.2018 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.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the FIR No.104/2017 was lodged at Police Station Mahila Thana West, District Pali against the petitioners. After investigation, the police filed challan against the petitioners for the offences punishable under Sections 406 and 498-A IPC in the trial court wherein the trial is pending against the petitioners for the aforesaid offences. During the pendency of the trial, two applications were 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 17.03.2018 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far as 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.;