RAJU CHHABA AND OTHERS Vs. STATE OF RAJASTHAN AND OTHER
LAWS(RAJ)-2018-8-145
HIGH COURT OF RAJASTHAN
Decided on August 30,2018

Raju Chhaba And Others Appellant
VERSUS
State Of Rajasthan And Other Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) AND ORDER - 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 Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'the trial court') in Criminal Case No. 23/2018 (State of Rajasthan v. Rakesh & Ors.) arising out of FIR No. 49/2016 of Police Station Ratanada, District Jodhpur East, whereby the trial court vide order dated 20.03.2018 has attested the compromise for the offences punishable under Sections 341, 323 and 325 IPC but no order has been passed for the offences punishable under Sections 143 and 149 IPC and Sections 3/3(1)(13)/3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred as 'the SC/ST Act').
(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No. 2, FIR No. 49/2016 was registered at Police Station Ratanada, District Jodhpur East against the petitioners. After investigation, the police filed charge sheet against the petitioners for the aforesaid offences in the trial court wherein the trial is pending against the petitioners 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 20.03.2018 allowed the parties to compound the offences punishable under Sections 341, 323 and 325 IPC, however, no order has been passed for the offences punishable under Sections 143 and 149 IPC and Sections 3/3(1)(13)/3(2)(5) of SC/ST Act.
(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.;


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