GUNENDRA SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 learned Additional Civil Judge and Metropolitan Magistrate No.3, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Regular Case No.21555/2017 whereby, the trial court vide order dated 9.5.2018 has attested the compromise for the offence punishable under Section 323 IPC but refused to attest the compromise for the offences punishable under Sections 458, 354, 147 and 149 IPC as the same are not compoundable.

(2.) Brief facts of the case are that on 6.6.2017 complainant Smt. Laxmi lodged an FIR No.47/2017 at the Police Station Sadar, Kotwali, Jodhpur alleging, inter alia, that she is residing in the house of Ghanshyam Bhat for last 26 years as a tenant. It is further alleged that one Prem Singh came to the house of Ghanshyam Bhat and after breaking the lock took the possession of the house. After investigation, the police filed charge sheet against the petitioners for the offences punishable under Sections 458, 323, 354, 147 and 149 IPC in the trial court wherein the trial is going on.

(3.) During the pendency of the trial, an application was preferred on behalf of the petitioners as well as the respondent No.2 while stating therein that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated.