BHARAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the oral request of learned counsel for the petitioners, the name of the petitioner No.4 is deleted from the array of the petitioners. Amended cause title has been filed today, the same be taken on record.

(2.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners with a prayer for quashing the proceedings pending against the them before the Judicial Magistrate, Sardarshahar, District Churu (hereinafter referred to as 'the trial court') in Criminal Case No.93/2014 ? State of Rajasthan v. Bharat Kumar Sharma and Ors. (arising out of FIR No.430/2013 of Police Station, Sardarshahar, District Churu), whereby the trial court vide order dated 23.06.2015 has attested the compromise for the offence punishable under Section 406 IPC but refused to attest the compromise for the offence punishable under Section 498-A IPC as the same is not compoundable.

(3.) In the instant case the respondent No.2 has filed a complaint in the trial court under Section 156(3) Cr.P.C. and the same was forwarded to the concerned police station. The Police Station, Sardarshahar, District Churu has registered the FIR No.430/2013 against the petitioners and started investigation. After investigation, the police filed charge-sheet against the petitioners for the offences punishable under Sections 406 and 498-A IPC in the trial court wherein the trial is pending against the petitioners 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 may be terminated. The trial court vide order dated 23.06.2015 allowed the parties to compound the offence punishable under Section 406 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 498-A IPC.