VIJAY BISHNOI,J. - (1.) The application (APPLR No.417/2018) preferred on behalf of the petitioner with a prayer for dispensing with the condition of filing certified copies of compromise-deed dated 18.11.2017 and order dated 18.11.2017 is considered and allowed. The condition of filing certified copies of compromise-deed dated 18.11.2017 and order dated 18.11.2017 is dispensed with.
(2.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before the Additional Chief Metropolitan Magistrate No.4, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in Criminal Case No.367/2011 (State v. Mool Singh and Ors.), whereby the trial court vide order dated 18.11.2017 has attested the compromise for the offences punishable under Sections 323/149 IPC but refused to attest the compromise for the offences punishable under Sections 147, 452 and 427 IPC as the same are not compoundable.
(3.) Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the FIR No.7/2004 was registered at Police Station Mathaniya, District Jodhpur against the petitioner. After investigation, the police filed challan against the petitioner for offences punishable under Sections 147, 452, 427 and 323/149 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offence. During the pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 18.11.2017 allowed the parties to compound the offence punishable under Sections 323/149 IPC, however, rejected the application so far as it relates to compounding the offences punishable under Sections 147, 452 and 427 IPC.;