BALKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON the complaint filed by one Gulam Qadar resident of 1 R.K.M. 'A', Tehsil Gharsana, District Sri Ganganagar, the Judicial Magistrate, First Class, Gharsana, District Sri Ganganagar (hereinafter referred to as the 'trial court') has taken cognizance against the petitioners for the offences under Sections 420, 467, 468 and 120B IPC vide order dated 01.04.2009 and has summoned the petitioners through arrest warrant.

(2.) DURING the pendency of the proceedings before the trial court complainant Gulam Qadar died and his legal representatives have pursued the proceedings. On 21.02.2014 a joint application was moved on behalf of the petitioners and the legal representatives of Gulam Qadar before the trial court with a prayer that as the petitioners and the legal representatives of Gulam Qadar have entered into a compromise and resolved their dispute amicably the proceedings pending against the petitioners may be quashed. The trial court has rejected the said application moved on behalf of the petitioners and the legal representatives of Gulam Qadar on the ground that as the petitioners have not been arrested in pursuance of the arrest warrant issued against them vide order dated 01.04.2009, no order is required to be passed on this application and as the offence punishable under Sections 467 and 468 IPC are not compoundable.

(3.) HEARD learned counsel for the parties and perused the material available on record.