VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioners with a prayer for quashing the proceedings pending against them before the Additional Chief Metropolitan Magistrate No. 6, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No. 239/2015 (State of Rajasthan v. Babu Ram and Ors.) arising out of FIR No. 100/2007 of Police Station Mathania, District Jodhpur, whereby the trial court vide order dated 18.06.2018 has attested the compromise for the offence punishable under Section 323 IPC but refused to attest the compromise for the offences punishable under Sections 148, 324 and 326 IPC as the same are not compoundable.
(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No. 2, the FIR No. 100/2007 was registered at Police Station Mathaniya, District Jodhpur against the petitioners. After investigation, the police filed charge-sheet against the petitioners for the offences punishable under Sections 147, 148, 149, 323, 324 and 326 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. 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 trial court vide order dated 18.06.2018 allowed the parties to compound the offence punishable under Section 323 IPC, however, rejected the application so far as it related to compounding the offences punishable under Sections 148, 324 and 326 IPC.
(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.;