ABHISHEK SHARMA BRAHMIN Vs. 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 the petitioners before the learned Additional Chief Judicial Magistrate, No. 2 Bikaner (hereinafter referred to as 'the Trial Court'), State Vs. Abhishek and Ors., in Criminal Regular Case No. 60/2019 (arising out of F.I.R. No. 261/2018 Police Station Sadar, District Bikaner), whereby the Trial Court vide order dated 1.4.2019 attested the compromise for the offences punishable under Sections 419, 420 and 406 I.P.C. but did to attest the compromise for the offence punishable under Section 120-B as for the said offence, the parties did not file any compromise.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondent No. 2, the Police Station Sadar, District Bikaner registered an F.I.R. No. 261/2018 against the petitioners. After investigation, the police filed charge sheet against the petitioners for the offences punishable under Sections 419, 420, 406 and 120-B I.P.C. in the Trial Court, wherein the trial is pending against the petitioners for the said 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 learned Trial Court vide order dated 1.4.2019 allowed the parties to compound the offences punishable under Sections 419, 420 and 406 I.P.C. however, the offence punishable under Section 120-B I.P.C. was not attested as no compromise was filed before it though the offence under Section 120-B I.P.C. is compoundable.

(3.) The present criminal misc. petition has been preferred by the petitioners for quashing the said proceedings against them.