LAWS(RAJ)-2014-11-80

HANS RAJ Vs. STAE OF RAJASTHAN

Decided On November 21, 2014
HANS RAJ Appellant
V/S
Stae Of Rajasthan Respondents

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer for quashing the proceedings pending against them before the Additional Sessions Judge, Sri Karanpur (for short 'the appellate court' hereinafter) in Cr. Appeal No.33/2010 - Hansraj vs. State of Rajasthan Arising out of FIR No.117/1999, Police Station, Ghamoorwali, District Sri Ganganagar.

(2.) BRIEF facts of the case are that on a Parcha Bayan of respondent No.2, FIR No.117/1999 was lodged at Police Station, Ghamoorwali, District Sri Ganganagar against the petitioners. After investigation, the police filed charge sheet against the petitioners for the offences punishable under Sections 341, 323, 324, 325, 326/34 before the Court of Judicial Magistrate, First Class, Padampur, District Sri Ganganagar (for short 'the trial court' hereinafter) and the trial court vide judgment dated 25.08.2010 has convicted the petitioners for the offences punishable under sections 341, 323, 324, 325, 326 read with section 34 IPC and sentenced them. The petitioner have preferred an appeal before the appellate court against the judgment dated 25.08.2010 and the same is pending.

(3.) DURING the pendency of the appeal, 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 may be terminated. The learned appellate court vide order dated 15.10.2014 allowed the parties to compound the offences under Sections 341, 323, 324, 325 IPC, however, rejected the application so far it relates to compounding the offence under Section 326 I.P.C.