BABLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This joint Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the accused-petitioner Nos. 1 and 2 and the complainant-petitioner No. 3 with the prayer for quashing the proceeding pending against the petitioner Nos. 1 and 2 before the learned Additional Chief Judicial Magistrate No. 4 (SD), Jodhpur Metropolitan in Criminal Regular Case No. 102/2010 (State v. Bablu @ Omprakash & Ors.) arising out of F.I.R. No. 221/2007 dated 2.12.2007 of Police Station, Mahila Thana, Jodhpur.

(2.) Brief facts of the case are that on a complaint lodged at the instance of petitioner No. 3, the Police Station, Mahila Thana, Jodhpur has registered an F.I.R. No. 221/2007 against the petitioner Nos. 1, 2 and other accused person. After investigation, the police filed charge sheet against the petitioners Nos. 1, 2 and other accused persons for offence under Sections 406, 323 and 498-A I.P.C. in the Court of Additional Chief Judicial Magistrate No. 4 (SD), Jodhpur Metropolitan wherein the trial is pending against the petitioner Nos. 1 and 2 for the aforesaid offence.

(3.) During the pendency of the trial, an application was preferred on behalf of the complainant-petitioner No. 3 as well as the accused-petitioner Nos. 1 and 2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the accused-petitioner Nos. 1 and 2 may be terminated. The learned Trial Court vide order dated 14.5.2010 allowed the parties to compound the offence under Sections 406 and 323 I.P.C. however, rejected the application so far it relates to compounding the offence under Section 498-A I.P.C.