KHETPAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the proceedings pending against them before the Judicial Magistrate, Pilibanga, District Hanumangarh (hereinafter to be referred as 'the trial court') in Criminal Case No.825/2006, wherein the application preferred by the parties for compounding the offence punishable under Sections 419 and 420 IPC has been allowed by the trial court vide order dated 11.08.2016 after attesting the compromise arrived at between the parties. It is noticed that no application for compounding the offences punishable under Sections 467, 468, 471 and 120-B IPC has been preferred by the parties as the same are not compoundable.

(2.) Brief facts of the case are that the respondent No.2 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 Pilibanga, District Hanumangarh has registered the FIR No.100/2006 against the petitioners and started investigation. After investigation, the police filed charge-sheet against the petitioners for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B IPC in the trial court wherein the trial is pending against them for the aforesaid offence. 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 for the offences punishable under Section 419 and 420 IPC may be terminated, however, no application for terminating the proceedings for the offences punishable under Sections 467, 468, 471 and 120-B IPC was preferred as the same are not compoundable. The trial court vide order dated 11.08.2016 has allowed the parties to compound the offences punishable under Sections 419 and 420 IPC.

(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the proceedings pending against them for the offences punishable under Sections 467, 468, 471 and 120-B IPC.