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 Judicial Magistrate No.3, Bikaner (hereinafter to be referred as 'the trial court') in Criminal Original Case No.1157/2009 (arising out of FIR No.84/2009 of Women Police Station, District Bikaner), whereby the trial court vide order dated 06.09.2017 has attested the compromise for the offences punishable under Sections 406 and 323 IPC but the proceedings for the offence punishable under Section 498-A IPC is still pending 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.84/2009 was registered at Women Police Station, District Bikaner against the petitioners. After investigation, the police filed charge-sheet against the petitioners for offences punishable under Sections 406, 323 and 498-A IPC in the trial court wherein the trial is pending against them 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 for the offences punishable under Sections 406 and 323 IPC may be terminated. The trial court vide order dated 06.09.2017 allowed the parties to compound the offences punishable under Sections 406 and 323 IPC, however, the proceedings for the offence punishable under Section 498-A IPC is still pending as the same is not compoundable.
(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.;