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 Sessions Judge No.4, Udaipur (hereinafter to be referred as 'the trial court') in Sessions Case No.365/2017 (State v. Sahanawaj and Ors.) arising out of FIR No.499/2016 of Police Station Pratap Nagar, Udaipur, whereby the trial court vide order dated 15.05.2018 has attested the compromise for the offences punishable under Sections 323 and 427/149 IPC but refused to attest the compromise for the offence punishable under Section 147 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.499/2016 was registered at Police Station Pratap Nagar, District Udaipur against the petitioners. After investigation, the police filed charge-sheet against the petitioners for offences punishable under Sections 147, 149, 323 and 427 IPC in concerned court wherefrom the matter was subsequently forwarded to the trial court wherein the trial is pending against the petitioners for the aforesaid offences. During the pendency of the trial, a joint application was preferred on behalf of the petitioners as well as the respondent Nos.2 to 4 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 15.05.2018 allowed the parties to compound the offences punishable under Sections 323 and 427/149 IPC, however, rejected the application so far as it relates to compounding the offence punishable under Section 147 IPC.
(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.;