ASHVINI KUMAR AND OTHERS 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 Metropolitan Magistrate No.6, Jodhpur (for short 'the trial court') in Criminal Original Case No.322/2011, whereby the trial court vide order dated 7.4.2018 has attested the compromise for the offences punishable under Sections 341, 323 and 336/34 IPC but refused to attest the compromise for the offence punishable under Section 327 IPC as the same is not compoundable.

(2.) Brief facts of the case are that a criminal original case No. 322 of 2017 is pending trial against the petitioners before the Metropolitan Magistrate No.6, Jodhpur, arising out of FIR No. 95 of 2011 lodged by the complainant-respondent No.2 at the Police Station Kotwali, Jodhpur.

(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 that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The learned trial court vide order dated 7.4.2018 allowed the parties to compound the offences under Sections 341, 323 and 336/34 IPC, however, rejected the application so far as it relates to compounding the offence under Section 327 IPC.