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 learned Additional Chief Judicial Magistrate, Sumerpur, District Pali (hereinafter referred to as 'the trial court') in Criminal Original Case No. 2807/2014 (arising out of FIR No.178/2011 - Police Station Takhatgrah, District Pali), whereby the trial court vide order dated 13.07.2018 has attested the compromise for the offences punishable under Sections 406 and 323 IPC but refused to attest the same 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 Police Station Takhatgrah, District Pali has registered an FIR No.178/2011 against the petitioners. After investigation, the police filed charge sheet against the petitioners for offence under Sections 498-A, 406 and 323 IPC in the Court of Additional Chief Judicial Magistrate, Sumerpur, District Pali wherein the trial is pending against the petitioners. 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 petitioner may be terminated. The learned trial court vide order dated 13.07.2018 allowed the parties to compound the offences under Sections 406 and 323 I.P.C., however, rejected the application so far as it relates to compounding the offence under Section 498A I.P.C.
(3.) The present criminal misc. petition has been preferred by the petitioner for quashing the said proceedings against them.;